11 Aug 1988
KINGSTAR SHIPPING LTD v. THE OWNERS OF THE SHIP \'ROLITA\' AND ANOTHER
- Citation
- KINGSTAR SHIPPING LTD v. THE OWNERS OF THE SHIP \'ROLITA\' AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAJ105/1988
At interlocutory stage the Court must assume the plaintiff's pleaded facts are true and is not required to establish a prima facie case; applying that legal assumption the indorsement of claim was sufficiently wide to include the intervener as defendant and the Court therefore had jurisdiction in rem when the writ was issued; accordingly the summons to set aside the writ and release the ship was dismissed.