ANTONIO OLIMPIO SANTOS FELIX (PLAINTIFF) vs. GIOVANI ANTONELLI & ANOR (DEFENDANT)

The main issue requiring my adjudication in this application is as to whether or not the court should exercise its judicial discretion to preserve the equipment, machines, vehicles, etc, until the final determination of the substantive suit. A summary of the material facts giving rise to the present application is that on the 27th February, 2015, the parties entered into a memorandum of understanding whereby the plaintiff agreed to purchase from the 1st defendant shares in 2nd defendant company. The parties agreed further in the said MOU that payment for the shares was to be 50% in cash and the remaining 50% to be paid for in kind (in the nature of equipment, machines, vehicles and spare parts). The plaintiff subsequently shipped equipment, machines, vehicles and spare parts to Ghana, with the 2nd defendant as the consignee. The shipment was done in the name of Moldaterres-Terraplangens e Escavacoes. The relationship between the parties became sour and the plaintiff issued a writ ...