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Supreme Court freezes payment of judgment debt to Isofoton

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The Supreme Court has granted the state’s request for a stay of execution in respect of judgment debt payment to Spanish firm, Isofoton.

The highest court of the land also stayed all proceedings concerning the case at the lower courts.

The Attorney-General applied to the Supreme Court after his application for a stay of execution was thrown out by the Fast-Track High Court last year.

Trial judge, Justice Ernest Obimpeh, who presided over that application said there were no special circumstances to warrant the granting of the application and therefore dismissed it.

Dissatisfied with the ruling, the A-G took his case the Supreme Court.

The case has been a long standing one between the state and the company.

Isofoton SA brought an action in 2008 against the state and secured a default judgment with no specific amount.

The State went to court in 2009 and filed processes in an attempt to set aside that default judgment.

The state however did not continue with that process, but instead reached an out-of-court settlement with the company to pay an amount of $1.3 million.

On the 28 September 2010, the settlement agreement was filed and adopted by the court on September 29, 2010.

The state paid $400,000 and indicated the mode of payment of the remainder.

It however defaulted, prompting Isofoton to garnishee the Agric Ministry’s accounts on 21 November 2011.

On April 20, 2012, the AG tried to set aside the garnishee process but failed and on June 5 2012 applied for a stay of execution which the court threw out, Tuesday morning.



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