MABANI SEVEN CO. LTD (PLAINTIFF) vs. STAR ASSURANCE CO. LTD & 4 ORS (DEFENDANTS)

This is an application to set aside the order of the Court joining MSF EGENHARIA S.A. to the suit as a Co-Defendant. I have read the application and the affidavits in support and in opposition. I have engaged counsel for the parties and listened to their arguments on the matter. I am of the candid opinion that in making the order to join MSF to the suit as a Co-Defendant, the Court did not appreciate the case put forward by the 4th Defendant/Applicant in that matter. Having fully been briefed by all the parties regarding the relationship of MSF to the parties herein, I am of the opinion that instead of setting aside the order for joinder, it would be useful, prudent and cost-saving and just to rather review the order of the joinder. In the circumstances of the matter before me, I review my order of 22nd November, 2017 as follows: The order for joinder of MSF is hereby set aside and in its place, an order is hereby made for the Defendants to issue third party proceedings against M...