BALFOUR ASSOCIATES INC. (PLAINTIFFS) vs. FOS ALUMINIUM COMPANY LIMITED & ANO. (DEFENDANTS)

The instant application seeks an order of the court to commit the respondent herein for contempt of court. The application is opposed by the respondent. According to the applicant, the suit between the parties was settled and terms of settlement filed. In execution of the judgment the factory premises of the defendants was attached, per a writ of fieri facias, and three unsuccessful attempts made to sell the property and that the auctioneer is still taking steps to sell the property. However as stated in paragraph 10 and 11 of the supporting affidavit: 10. That the 2nd Defendant who is 1st Defendant’s Managing Director has in wilful defiance of the Attachment of the 1st Defendant’s property which consists of the factory building and machinery for the production of roofing sheets re-opened the factory and commenced work. 11. That the conduct of the 2nd Defendant is meant to openly despise the authority of the court and thereby bring the authority of the court into disrespec...