NCDC asks court to quash damage payment

The National Capital District Commission has asked a three-man Supreme Court bench to quash a National Court decision that was made against them, ordering them to pay K17m in damages.

Lawyer for NCDC, Peter Kuman, today asked the bench, made up of Justice Stephen Kassman, Justice John Logan and Justice Robert Lee Lindsay, to quash the National Court’s decision of 2 March 2016.

The National Court had previously ordered NCDC to pay Yama Security Services (YSS) Ltd a total of K17,871,510 in damages for breaching a contract, which was to have ended in 2002.

Today Kuman told the court that decision should be quashed because there was no evidence put by Yama Security Services of the loss it suffered then, as a result of the breach.

 YSS’ lawyer, Ben Lomai, rebutted saying there is the option of the National Court doing a re-assessment of the loss.

He also submitted that if the court finds that there was not a genuine pre-estimate damage in this appeal, YSS must be given an opportunity to respond and that the case be reverted to the National Court for re-trial.

The issue of the author of contract was also raised by Lomai in his arguments before court however, Kuman said there was no evidence that NCDC drafted the contract that was breached.

Kuman asked for the appeal to be upheld and the case dismissed with cost.

A consented stay against the payment by NCDC to YSS has been in place since April 20 last year, pending NCDC’s appeal against the decision of the National Court. 

The Supreme Court reserved its ruling to a later date.


Sally Pokiton