Dr Reginald Mengi’s summon before the high court: He is not director, shareholder of the principal party in the case (KM Prospecting Limited)


When we received a copy of the judgment we discovered that the judgment had no date. In law a judgment that is not dated is not a judgment at all. In other words it is invalid and it cannot be appealed against and the other side cannot execute such a judgment.

STATEMENT BY DEOGRATIAS RINGIA ADVOCATE REGARDING NEWS BEING CIRCULATED IN THE MEDIA THAT DR. REGINALD MENGI HAS BEEN SUMMONED TO APPEAR BEFORE THE HIGH COURT

This statement is in reference to news being circulated via the media that the High Court has issued a summons for Dr. Mengi to appear before it and explain why he should not be imprisoned for execution of a judgment issued by the Court.
I would begin by explaining that the principal party in the case is a company called KM Prospecting Limited which entered into the agreement with the Plaintiffs. This agreement is the subject matter of the case. Dr. Mengi is not a shareholder or director in that company and was not a party to the agreement.
The judgment was read by the Registrar of the High Court on the 28th January, 2016. My clients were not satisfied with the judgment thus, on the 1st February 2016, we wrote a letter to the High Court requesting them to supply us with a copy of the judgment. When we received a copy of the judgment we discovered that the judgment had no date. In law a judgment that is not dated is not a judgment at all. In other words it is invalid and it cannot be appealed against and the other side cannot execute such a judgment.
On the 19th February 2016 we wrote another letter requesting that the judgment be placed before the Judge who wrote it so that the error could be corrected. We were not supplied with a dated judgment so we sent another written reminder on the 10th March 2016 and made many physical follow-up to the court itself. However, until now a valid judgment has not been supplied so that we can file an appeal.

In any case, in the undated judgment the High Court decided that there was no evidence to substantiate the two allegations which the Plaintiffs put forward against Dr. Mengi. Moreover, the Directors and owners of KM Prospecting Limited are not aware of any execution proceedings.

……………………………………
Deogratias W. Ringia- Advocate.
20/08/2016.

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