[1] There are two appeals before us: Civil Appeal No 02(i)-64-09-2012 ("first appeal") and Civil Appeal No 02(i)-65-09-2012 ("second appeal"). Both appeals arose out of the High Court's decision on 30 June 2010, which was upheld unanimously by the Court of Appeal on 13 March 2012.

[2] The first appeal is an appeal by the appellant against the decision of Court of Appeal in affirming the High Court's decision in dismissing the appellant's application to set aside or alternatively discontinue the ad interim injunction granted on the 3 May 2005 in relation to a performance guarantee. The second appeal is the appellant's appeal against the decision of the Court of Appeal in affirming the decision of the High Court in dismissing the appellant's application to set aside the concurrent writ of summons, notice of concurrent writ to be served outside jurisdiction, and the order granting leave to serve the notice of the concurrent writ, or alternatively for an order staying fur