Thursday, December 25, 2008 Court denies injunction plea of mine officials By Ben O. Tesiorna
THE Regional Trial Court (RTC) has denied the writ of preliminary injunction plea by three former officials of the Dabawenyo Minerals Corporation (DMC) against DMC president Said Sayre, over some shares.
In an order dated December 17, RTC Judge Virginia Hofileña-Europa denied the writ of preliminary injunction by the complainants as she ordered for the pre-trial of the said case on January 21, 2009.
In her order, Europa said the defendant (Sayre) provided evidence that showed that complainants Habib Mahalail Hassan, Rex Angelo Gabrido and Hadji Nouh Daiman are no longer stockholders of the DMC "because they have sold their shares to the defendant."
"That being the case, they have no more rights that need to be protected necessitating the issuance of a writ of preliminary injunction," Europa stated.
The court said for a writ of preliminary injunction to be issued, the existence of a right to be protected and the facts against which the injunction is to be directed are violative of the said right must be present.
"The right of complainant must be clear and unmistakable before any injunction relief can be granted. With the evidence presented by the defendant, it appears that plaintiffs have no more rights to be protected. The onus probandi that these documents are fake now lies on the plaintiffs," Europa said.
The case stemmed from allegation of the three that Sayre forged their signatures and misrepresented DMC in his dealings with several local and foreign investors.
Sayre earlier denied all the allegations as he presented documents showing that he already paid the three for their respective shares in the company. He said the three are no longer part of his company.
