Yakub Surtee v Shaun Evans and Paul Friendship and Collin MacMillian and Rodney Finnigan and Across Enterprises (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the respondents are in contempt of the court order of 19 May 2009","issue_type":"fact","dispositive":"yes","related_facts":"Failure to deliver 47,500 litres of fuel; Deputy Sheriff's Nulla Bona return"}
• {"issue_text":"Whether the court order was competent and clear enough to be enforced","issue_type":"law","dispositive":"yes","related_facts":"The order specified delivery of fuel but did not specify type for rental portion"}
• {"issue_text":"Whether the respondents' failure to comply was intentional and wilful","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents' claim of having no fuel; failure to seek redress through proper channels"}
• {"issue_text":"What appropriate sanction should be imposed for the contempt","issue_type":"law","dispositive":"yes","related_facts":"Fifth respondent is a corporation; respondents' deliberate non-compliance"}

Background