LOLC Factors Limited vs. Airtouch International (Private) Limited – SC/CHC/APPEAL/20/2015-2024

In the case between LOLC Factors Limited and Airtouch International (Private) Limited and others, the court addressed whether the standard of proof and evidentiary requirements at an ex parte trial equate to those at a contested hearing, and considered the effect of a defective proxy. It was held that in ex parte proceedings, the standard of proof remains on a balance of probabilities but is inherently flexible, requiring only a prima facie case. The finding reaffirmed that a defect in proxy is generally curable unless specifically disallowed by law. Reliance was placed on established legal principles governing evidentiary standards and procedural requirements in ex parte civil trials. The court set aside the Commercial High Court’s dismissal, allowed the appeal with costs, and ordered ent