THE APPLICATION

This is the defendant's application (Enclosure 36) for leave to apply to set aside the order for sale dated 20.1.95 and for a further order that the said order for sale dated 20.1.95 be set aside with costs.

CASE FOR THE APPLICANT/DEFENDANT

The defendant was an employee of the plaintiff until 23.8.83. In his affidavit in support of Enclosure 36 the defendant referred to the charge dated 1.4.85 which was created over property belonging to the defendant and he denied signing the said charge on the said date as he was no longer an employee of the plaintiff on that date. He admitted applying for a loan in 1982. In the circumstances he contended that the said charge on which the order for sale was premised was invalid and could not be enforced.

He also contended that the interest rate of 12% that was levied was not stipulated in the charge. Based on clause 5(a) of the charge document he contended that interest ought to be 4% only. On this basis he prayed for order in terms.

With regard to this late application he submitted that he only became aware of the said order for sale in May 1995.

CASE FOR THE RESPONDENT

The plaintiff's case was that the defendant who was