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A S Raja (As Representative of the estate of Mohammed Sabir Raja, deceased) v (1) Nicholas Van Hoogstraten (2) Stitchacre Ltd (3) Rarebargain Ltd (4) Castries Land Ltd

By murdering the opposing party, who was a vital witness to the litigation, the defendant had rendered a fair trial no longer possible and had denied himself the right to proceed with his defence and counterclaim.

30 June 2006

The claimant (C), representing the interests of the estate of the deceased (R), applied for an order that the defence and counterclaim of the defendant (H) be struck out, and that H be debarred from defending the action and pursuing his counterclaim, and for judgment in C’s favour. R had taken action against H in relation to loans made by H to R, by oral agreement and secured on R’s properties. H had refused to provide a statement of account in relation to the repayment of the loans, and rents and income obtained in respect of the properties. H had also transferred three of the properties to companies controlled by him and there was dispute as to the agreement in that regard. R had claimed an account of all sums lent on the security of the properties and a declaration that the properties were held by the companies on trust for him. R had subsequently been murdered by two men, allegedly at H’s behest. H had been acquitted of manslaughter on appeal and C had continued the procee...

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