AGNES NYAMBURA MUNGA
V.
LITA VIOLET SHEPARD

JUDGMENT OF THE COURT

The appeal before us was originated in the High Court by Summons taken out under Order 37 Rule 1 of the Civil Procedure Rules (CPR). The intention was to seek answers and obtain orders in respect of two estates of deceased persons as follows:

"1. Whether the Estate of Bryan Walter Shepard owes the estate of William Earl Nelson the sum of United States Dollars 40,000 accruing an interest of 4% per annum since 1^st October, 2002.

2. Whether the Estate of Bryan Walter Shepard owes the Plaintiff the sum of United States Dollars 500,000 given to Bryan Walter Shepard on 8^th August, 2003 by the late William Earl Nelson to hold in trust for the Plaintiff.

3. That the Defendant be compelled to pay the Plaintiff the sum of United States Dollars 40,000 that the Estate of Bryan Walter Shepard owes the estate of William Earl Nelson, with all the accrued interest to date which sum has been accruing an interest of 4% per annum since 1^st October, 2002 the said Bryan Walter Shepard ha…