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Appeal Court dismisses case brought by contractors

The Appeal Court has dismissed a case filed by several contractors seeking to overturn a previous ruling in favour of the EMBD.

According to a statement from the Office of the Attorney General, the EMBD’s case against the contractors is that “they engaged in acts of unlawful means conspiracy, dishonest assistance, and knowing receipt, based on allegations of bid-rigging and corruption in the tender, award and administration of 12 contracts entered into in the period May to August 2015”.

In 2020, Justice Aboud dismissed their applications to strike out the EMBD’s case or to compel the EMBD to provide further particulars of its pleading.

The case in the Appeal Court was filed by TN Ramnauth and Company Limited, Taradauth Ramnauth, Kall Co Limited, Mootilal Ramhit and Sons Contracting Limited and Fides Limited.

It reportedly argued that EMBD’s case as pleaded and filed in 2017 was deficiently pleaded and did not contain sufficient detail to permit them to know the case they had to answer.

In today’s ruling, the Court of Appeal reportedly held that, “there can be no doubt that any of the appellants could be unaware as to what is being claimed against them and the basis thereof, or would be unable to plead thereto.”

Regarding the ruling, the AG’s Office says, “Had they succeeded they would not have been required to give evidence in the High Court to defend themselves against EMBD’s claims, which they now must do.”

It adds that the case has been ordered to continue to trial in the High Court.

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