[2017]DLHC4260 • December 8, 2017 • High Court
ERMINIO CANUTO & ANO. vs. B NTUMY AND 14 OTHERS CO. LTD & ORS.
By a writ of summons issued on the 16th day of May 2017, the plaintiffs claim against the defendants herein: (a) A declaration that the share transfer agreements between John Founou (2nd Defendant) and each of the Plaintiffs will be rescinded, null and void. (b) An order restituting the equipment set out in paragraph 7 of the statement of claim to the ownership and control of the Plaintiff. (c) Further consequential orders as this Honourable Court may deem met. (d) General damages (e) Costs. After the service of the writ and its accompanying statement of claim on the defendants, albeit, by substituted service, the defendants failed to enter appearance. The plaintiffs therefore applied for judgment in default of appearance. In view, however, of the claims endorsed on the writ of summons, the court after hearing the application decided to take evidence from the plaintiffs before considering its judgment. The 2nd plaintiff therefore gave evidence on oath before the court on the 27th...