The shareholders and directors ofD.A. Holdings Limited refer to the article ‘Daniels shopping complex windingup after court declares it “insolvent”’ (April 25).
The article fails to mention the fact that the shareholders, the directors of D.A. Holdings Limited and D.A. Holdings Limited have appealed from the court order which declared the company “insolvent”.
Among the grounds of appeal is the blatant breach of the shareholders’, the directors’ and the company’s right to a fair hearing and their right not to be discriminated against.
It results from the acts of the case instituted by Panta Contracting Limited that the shareholders, the directors and the company were prevented from adequately defending themselves against the claims of the creditor company.
The article also fails to mention that, prior to the handing down of the court order, the directors of D.A. Holdingsand D.A. Holdings Limited had instituted a constitutional case claimingthat their right to a fair hearing and their right not to be discriminated against had been violated.
There is also no mention of the fact that a request was made to the court hearing the ‘insolvency’ case to suspend the hearing of the case until such time as the court hearing the constitutional application handed down its judgment. This request was turned down.
One would expect that honourable and scrupulous reporting would have ascertained and determined all the facts not least whether an appeal to the winding up order had been entered.
Daniel’s Shopping Complex is still open to the public.
Editorial note: The write-up was based on the court judgment.