02 September 2015
Petites Annonces Gratuite
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Friday, 30 December 2011 10:00

Court News

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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.
Plaintiff as a trader is the manager of a company known as Durek Bricks Ltd. Plaintiff borrowed money from the MCB to pay Chambord Ltd, an agency specialised in the sale of immovable properties, following the acquisition of a property under private signature but could not reimburse for the loan of Rs700, 000. He lagged behind in the payment of several monthly installments of Rs 30,000 each.  The property was accordingly seized and sold at the Master’s Bar to the benefit of the MCB. In its ruling the trial Court concluded that the plaintiff knew perfectly well the content of the two documents he signed and as such he could not plead ignorance that he had been deprived intentionally of his property by the defendant.

Benefit of doubt to Beekawoo…
Mrs Jasodah Beekawoo, who was answering a charge for driving without due care and attention at the District Court of Curepipe, obtained the benefit of doubt last week. The accused is alleged to have passed over the right big toe of the complainant, a security guard, who was walking on the pavement in front of the CEB building, along Royal Road, Curepipe, on 4 March 2009. She pleaded not guilty. Delivering her ruling, District Magistrate Padmini D. Mauree concluded that there is no unshaken evidence of driving without due care and attention on the part of the accused which caused the accident. “There is also doubt that the complainant may also have contributed to it since it was clear that he may have been sleepy himself and may not have had the proper bearing and on the proper look out for oncoming vehicles while walking… The Court is of the view that the accused party is entitled to the benefit of doubt and accordingly dismisses the case against her.”

… and to Fozoo and Philippe
Louis Rolando Desire Jerome Fozoo and Gerard Philippe who stood charged for the offence of larceny with violence and for possession of stolen goods before the Intermediate Court have been acquitted last week by Magistrate Renuka D. Dabee.  The offences were committed on 21 September 2009. Both accused parties pleaded not guilty and were defended by counsels.

In her judgment the Magistrate found that the prosecution has failed to prove its case beyond reasonable doubt against both accused parties and accordingly dismissed the information against them. The Court motivated it ruling to acquit both accused parties basing on the evidence adduced by prosecution’s witness No 9. According to the latter, the complainant was dead drunk at the time of the aggression and as such could have mistaken as to the true identity of his two aggressors.
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