Court discharges Indian brothers, sets aside committal order
The Indians are Chandru Ganglani, Bharat Ganglani and Trishul Ganglani.Trial judge, John Tsoho also set aside the committal order handed down on the trio who are directors of Sacvin Nigeria Limited after hearing their application/motion on notice stating that they have purged themselves of the contempt less than seven days of the committal order.They purged themselves of the contempt following an amicable resolution of the suit between VIK Industries Limited and Sacvin Nigeria Limited.
They also complied with the terms of settlement dated March 26, 2012 which was executed and adopted as the judgment of the court in the said suit.
The application was moved by the contemnors/applicants’ counsel Bernie Azu Otukam-Iyama, praying for an order of the court to discharge the contemnors/applicants from the committal order of the court made on March 19, 2012 and setting aside the same committal order, which committed his clients for civil contempt as the directors and Alta ego of the defendant/applicant (Sacvin Nigeria Limited).
After hearing the application as moved by counsel representing the applicants and was not opposed by the respondents, Justice Tsoho granted the prayers as prayed.
In his ruling, the judge said that the applicants’ motion on notice dated and filed on April 27, 2016, upholds that having purged themselves of contempt less than seven days of the committal order, they are entitled to be discharged from the committal order and same should be set aside.
He further said that the order made by the court on March 19, 2012 was to the effect that the three respondents be committed to prison custody until they purged themselves of the contempt.
“Since evidence is furnished of their having purged themselves of the contempt, this application which is not opposed is granted as prayed and orders accordingly” the judge ruled.
It is therefore established now that with this ruling of the court, the applicants have been formally and properly discharged from the committal order and also have same set aside.
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