Advocate Cecil Guyana Miller has appeared before the Court of Appeal in a case challenging a High Court ruling that found fraud and nullified a private treaty sale of charged property in a dispute involving City Finance Limited and Nyanja Holdings Limited.
The appeal, as outlined in court documents, directly contests the trial court’s findings, with the appellant arguing that the judge erred by determining issues that had not been pleaded and by disregarding key evidence placed before the court.
Among the central grounds is the claim that the High Court improperly made findings of fraud without a proper legal basis, with the appellant maintaining that fraud was neither sufficiently pleaded nor proved to the required standard.
The appeal also challenges the court’s handling of contractual terms, particularly on interest, arguing that the judge effectively altered the agreement between the parties instead of interpreting it within the confines of the law.
Further, the appellant raises procedural concerns, stating that the court reached adverse findings against parties, including advocates, without affording them an opportunity to be heard.
The documents also point to the long history of the matter, arguing that previous rulings on similar issues were not properly considered, with the appellant invoking the doctrine of res judicata in contesting the decision.
The dispute arises from financial arrangements involving lending facilities and securities, including the exercise of statutory power of sale, placing it within the category of complex commercial litigation.
Cecil Miller is representing the appellant in the appeal, which is expected to test the boundaries of how courts handle fraud allegations, interpret contractual obligations and uphold procedural fairness.
The Court of Appeal is yet to deliver its judgment.
