La Sentinelle Ltd loses
The loss of control of Radio One by La Sentinelle Ltd, the proprietor of l’express newspaper and one of the main shareholder in Viva Voce, the proprietor of Radio One, has been confirmed last week in a long and motivated ruling delivered by Justice Paul Lam Shan Leen sitting in Chambers. The applicant, La Sentinelle Ltd, made an application for an interim order in the nature of an injunction against the three respondents, Viva Voce, Rose-Hill Transport Ltd and Clifford Fon Sing, the last two being shareholders in Viva Voce.

The allegations, to the effect that the Development Bank of Mauritius (DBM) wanted to privilege a rival company, Soap and Allied Industries Ltd (SAIL) to the detriment of Quality Soap Ltd (QSL) has not been retained by Justice Ashraf Caunhye sitting at the Commercial Division of the Supreme Court last week.

Sanjeev Nunkoo, the prime suspect of Hélène Lam Po Tang’s sordid assassination at Baie-du-Tombeau has been committed to the Assises Court to stand trial before a jury. The decision was taken last Thursday by Magistrate, Maryse Panglose-Cala, who for over three weeks presided over the preliminary enquiry at the Pamplemousses District Court. The Director of Public Prosecutions (DPP), Satyajit Boolell, Senior Counsel, instituted the preliminary enquiry to look into the cause of death of the 60-years old victim.

Conjugal arsonist freed
Chitanand Singh Bhantoo, a bus driver aged 35 and residing at Camp Ithier, Flacq, has obtained a conditional release. The Intermediate Court having on the bench Magistrate Raj Seebaluck pronounced this verdict after the accused was found guilty of arson. He was sued for having set fire to his house on 10 June 2009 after he got separated from his wife. According to the complainant, his wife, her husband phoned her on her mobile while she was away, informing her that he had set fire to their house and would commit suicide.

Justice Paul Lam Shang Leen sitting at the commercial division of the Supreme Court has last week set aside the plaint with Summons of Dynamic Design Enterprises Incorporation, a company based in the United States, claiming damages amounting to US dollars 78,139.05 from a Mauritian  company, Palmar Ltd for breach of contract. 

Justice Eddy Balancy in a ruling delivered on Friday 23 December 2011 at 22.30 hours has discharged the interim order hitherto in force and set aside the application for an interlocutory injunction asked for by the three applicants, Force Vive de Grande Riviere Noire, Association des Pêcheurs de La Preneuse/Riviere Noire and Association des Pêcheurs Professionnels de Grande Riviere Noire, restraining Dolphin Coast Marina Estates Ltd and West Island Resorts Ltd from proceeding any further with construction works which they had started on the site of La Balise Marina Project. 

Trader loses case for Rs 25 M damages against the MCB
Mareemootoo Amoogara Pillay’s statement of claim for either the restitution of the immovable one-acre property situated at Rose-Hill, seized by the MCB Finance Corporation Ltd, or damages amounting to Rs 25 million in case this alternative could not be satisfied and this for illegal acts and doings of the defendant, has been dismissed last week by the Supreme Court having on the bench Justice Ah Foon Chui Yew Cheong. The MCB denies the liability and during the trial relies on two documents signed by the plaintiff on 28 February 1983. In a counterclaim the defendant claims damages from the plaintiff for the prejudice caused to it by the allegation, which in its contention, are false and defamatory.

Justices Premilla Balgobin and Saïd Bhaukaurally sitting on appeal last week have rejected an application for judicial review of the decision of the National Library to allow Yves Chan Kam Lon to continue working in his post of Director of this institution beyond his retirement age. 

The Full Bench of the Supreme Court, constituted of the Chief Justice, Bernard Yeung Sik Yuen and Justices Ah Foon Chui Yew Cheong and Rehana Mungly-Gulbul, in a ruling delivered last week, refused to grant leave to Jacques Jonathan Benjamin Virassamy to appeal to the Privy Council against the judgment of the Court of Criminal appeal upholding his conviction by the Assises Court to 36 years’ penal servitude for assassination.

The Leader of the Mouvement Socialiste Mauricien (MSM) and former Minister of Finance, Pravind Jugnauth, lost on Monday the first leg of his case against the Independent Commission Against Corruption (ICAC) before the District Court of Port Louis. In a interlocutory ruling Senior Magistrate Meenakshee Gayan-Jaulimsing has rejected the motion for a stay of proceeding of the accused who is answering a provisional charge of conflict of interest lodged by ICAC in the sale and acquisition by the State of Mauritius of the Medpoint Clinic for Rs 144,8 Millions.

Justice Abdurrafeek Hamuth, sitting at the Commercial Division of the Supreme Court, has last week granted an order to proceed with the “Saisie Révendication” of 20 vehicles owned by Paradise Connections Ltd at the request of Barclays Leasing Company Ltd in connection with twenty applications for the validity of such seizure. The application was made in the presence of the Commissioner of Police, the co-respondent, in whose possession the vehicles were to be found.

Benefit of doubt
Sued before the Intermediate Court for swindling a sum of Rs 1 million to the prejudice of Alex Thomy Levesque, a lover of astronomy, Bibi Feheza Azize obtained a verdict of benefit of doubt and was accordingly acquitted. Accused pleaded not guilty. The complainant deponed to the effect that in the year 2007/2008 he was residing in Mauritius at Pointe-aux-Sables.