AMALGAMATED BANK LTD (PLAINTIFF) vs. PRICELINE CONSULT & ORS (DEFENDANTS)

In this application, the 4th Defendant/Applicant (herein after called the 4th Defendant) prays this Court for an order setting aside the Judgement of the Court dated 26th March, 2018, made against the 4th Defendant. A brief summary of the facts giving rise to this application is that the 1st Defendant, Priceline Consult Limited, obtained a loan facility from the Plaintiff. The 4th Defendant who is one of the Directors of the 1st Defendant Company, by a deed of guarantee, expressly guaranteed the repayment of all sums due under the said credit facility given to the 1st Defendant. The 5th, 6th, 7th Defendants also executed the deed of guarantee. The 1st Defendant was unable to settle its indebtedness with the Plaintiff causing the Plaintiff to issue a Writ of Summons against the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Defendants. The trial having travelled over a period of six (6) years, Judgment was delivered on the 23rd March, 2018 in favour of the Plaintiff. During the process ...