Richard Malanjum CJSS:

Introduction

[1] There are two matters before this Court for our consideration. The first is an appeal by the appellant against the decision of the Court of Appeal delivered on 25 October 2005. The second is the respective applications by two Interveners to have certain findings and comments found in the two Judgments of the Court of Appeal expunged on the grounds as contained in their respective affidavits.

[2] In respect of the appeal we have given leave to appeal on 27 March 2006 involving three questions posed for our determination, namely:

a. Whether the creation of a trust by a Company amounts to an illegal reduction of its capital?

b. Whether the test adopted by the Court of Appeal, in determining whether cl 8 of the Signage Agreement is a stipulation by way of a penalty and/or a sum named in the contract for purposes of s 75 of the Contracts Act 1950, is the correct test and/or is exhaustive?

c. Whether the Court of Appeals adverse remarks/findings in the circumstances of this case, when viewed objectively, shows a real danger of bias on the part of the Court of Appeal in the Judgment arrived at against the appellant?

Leave to intervene was also gran