Introduction

[1] In this case the Defendants' application for determination by this court is to convert the originating summons ('OS') filed by the Plaintiff to a writ action. The OS is premised on allegation of minority oppression under s 181 of the Companies Act 1965 on the Plaintiff by the Defendants.

Material Facts

[2] The facts only relevant for the purpose of this application are provided by the Defendants. There is no reason to depart from these facts as I find that it serves the purpose why the application for the conversion of the OS into a writ action is being made now. It is to be observed, as this is now only a preliminary application regarding the mode upon the hearing of the Plaintiff's case for minority oppression, the facts narrated here are not determinant of the substantive case but merely relevant for the current application. After all it should be noted this court is not making any decisions at this stage regarding the substantive case between the Plaintiff and Defendants on minority oppression.

[3] The Plaintiff and the Second Defendant, entered into a Joint Venture Arrangement ("JVA") which entailed the acquisition of individual plots of lands