[2019]DLHC7129 • May 24, 2019 • High Court
FORTUNE GLOBAL SHIPPING AND LOGISTICS LIMITED (PLAINTIFF) vs. THE VESSEL DLB SEA HORIZON & 9 ORS (DEFENDANTS)
In the present application, the applicants, the 1st 2nd 3rd and the 10th defendants pray this court for an order to dismiss the present suit against the 1st defendant and release the 1st defendant from arrest. The background to this application is captured in the supporting affidavit. Following the issuance of a writ of summons and a subsequent order for the arrest of the 1st defendant vessel in September 2018, the applicants filed a statement of defence in which they denied the claims of the plaintiff and, in particular, certain averments contained in the plaintiff’s statement of claim. Subsequent to this, an order was made, upon application, for the plaintiff to furnish security for the costs of the applicants in the action and also for the plaintiff to provide further and better particulars of the averments in its statement of claim. This order was made on the 28th February 2019 and the plaintiff/respondent herein was given twenty-one (21) days within which to comply with the .....