Shamina Holdings (Private) Limited v Tribac Tobacco (Private) Limited and Kenneth Butchart and Fiona Butchart

Key Issues

• {"issue_text":"Whether the second and third respondents ought to have been made parties to these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent is director, third respondent is employee of first respondent"}
• {"issue_text":"Whether the applicant discharged its contractual obligations","issue_type":"mixed","dispositive":"yes","related_facts":"Total payments of $63,467.74 made; loan amount plus interest was $63,000"}
• {"issue_text":"At what rate should the loan be repaid after 22 February 2019","issue_type":"law","dispositive":"yes","related_facts":"Currency conversion provisions in SI 33/2019 and Finance No.2 Act 2019"}
• {"issue_text":"Whether the applicant is entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Applicant cleared loan obligations; respondents refused to return title deeds"}

Background