Emmanuel & Sons Solutions (Pvt) Ltd and Emmanuel Makamba and Ivy Banda v Akili Capital (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the matter was properly before the court a quo given the failure to follow stated case procedure","issue_type":"procedural","dispositive":"yes","related_facts":"Parties filed Statement of Agreed Facts and Issues, court proceeded without resolving material disputes"}
• {"issue_text":"Whether the trial court considered and decided all matters placed before it, particularly compliance with section 26(1)(a) and (c) of Micro-Finance Act","issue_type":"procedural","dispositive":"yes","related_facts":"Court failed to determine dispute on compliance with Micro-Finance Act requirements"}
• {"issue_text":"Whether the court a quo correctly decided issues of currency, interest and the in duplum rule","issue_type":"mixed","dispositive":"no","related_facts":"Award of 50% monthly interest and 15% default penalty, application of in duplum rule"}

Background