Outright Disposal
- There is no justification for dismissing out of hand the liquidation application filed by Milammus. Where there is a possibility, even a slight one, that the Applicant's request will be granted and she will receive the requested relief, there is no reason to dismiss her application, already at this stage, as the Respondents wish (see: Sussman, "Civil Procedure", Seventh Edition, 1995, at p. 387).
Conclusion
- As appears from the compilation, the respondents' motion for summary dismissal of the liquidation motion is denied. The Listing Company will be added as an additional applicant, for the removal of any doubt, and because it holds the shares in its hands as a Registration Company, it does not affect the Applicant's ownership of the shares.
- In the circumstances of the case, the expenses of this application will be taken into account in the decision regarding liquidation.
Granted today, September 1, 2002, in the absence of the parties.
The Secretariat will provide copies of this decision to the Attorney General of the parties and to the Official Receiver.
| Ezra Kama, Vice President |