KAT 1161/2012

This case involved a contract covering a bank debt. Key issues included whether the medical status of one of the appellants affected his capacity to sign the contract. Also considered was whether interest should be paid as this was a civil obligation.

Background

The document of the case revealed that the court concluded after the consideration of the documents of the case that the medical status of one of the appellants should not affect his will to sign a disputed contract.

Decision

The court said that the documents of the case revealed that the appellant signed the contract on the behalf of the second appellant (company) and that he was not forced or pressured to sign it. The court said that the appellant's defence that he should not pay the interest because the debt resulted from a civil obligation was invalid. The court said that the debtresulted from a banking credit and therefore it should be considered a commercial debt.

The court dismissed the appeal.