MANITOWOC LTD (PLAINTIFF) vs. THE VESSEL M/V SUCAR & 2 ORS (DEFENDANTS)

I have read the application and the various affidavits. I have also read the submissions filed by both counsel. The justice of the matter requires me to set aside the service of the writ of summons on 2nd & 3rd defendants. Further the default judgment granted against the defendants on the 18th June, 2015 is hereby set aside. The service of the writ of summons on 1st defendant is however deemed to be proper. The application to strike out the suit as being a nullity is also refused. The execution processes are hereby set aside. The application to strike out suit on grounds of lack of capacity is also refused. I make no order as to costs.