Appeal Court: Return 13 vehicles to CEPEP

THE Appeal Court on Monday ordered that contractor Tora Bora Construction Company return some 13 vehicles, computers and equipment to CEPEP, said a CEPEP statement yesterday.

Justices of Appeal Peter Jamadar, Gregory Smith, and Prakash Moosai overturned a December 2017 decision of High Court judge Justice Nadia Kangaloo who had supported both a default judgement against CEPEP and a writ of execution levied against their vehicles, equipment and computers on February 16.

“The CEPEP Company Ltd had argued that the contracts were void or illegal, because Tora Bora knew that the proper procedure was not being followed, and nevertheless was complicit in acquiring the contract through improper means.

“The Tora Bora Construction Company had argued that their contract, was legitimate and that they should not be denied the fruits of their judgement.

“By unanimous decision, the Court of Appeal held that the CEPEP Company had a defence with a reasonable prospect of success, and further held that the delay in applying to set aside the default judgement was not an inordinate delay, bearing in mind the reasonable explanations offered by the general manager and the legal officer of the CEPEP Company Ltd.”

The Appeal Court set aside the levy against CEPEP’s goods, vehicles and assets in February. “The 13 vehicles are to be returned to the CEPEP Company within seven days of the judgement.”

CEPEP Company was represented by Elton Prescott SC, Philip Lamont, and Farai Hove Masaisai. Tora Bora was represented by Dinesh Rambally, Kyle Taklalsingh, and Desiree Sankar.