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High Court refuses all reliefs sought in proceedings challenging the validity of an undertaking given to the court in lieu of an Isaac Wunder Order, on the grounds that: (1) the evidence showed that the plaintiff agreed to the undertaking; and (2) no cogent case has been made as to why the applicant should be granted liberty to issue fresh proceedings in the event that he is not relieved of his undertaking.
Interim decision - Isaac Wunder Order - Seeking relief removing the obligations of an undertaking as was provided by the Plaintiff in lieu of a Notice of Motion seeking an Isaac Wunder Order – undertaking was given without authority – clash of evidence between counsel and plaintiff – reliefs refused – refuse to grant order for to issue fresh proceedings.
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