NAJAT METAL ENTERPRISES LIMITED. V. HANSON AND ANOTHER

KORANTENG-ADDOW J.

The plaintiff-company seeks a declaration that it has never been confiscated to the State. It is not challenging the authority which caused the confiscation, but it is saying that the company which was confiscated to the State is not the same as the plaintiff-company.

It is the defendants’ case that in September, 1979, the Armed Forces Revolutionary Council directed the second defendant, Management Development and Productivity Institute (MDPI), to re-organise the Aschkar and Dakmak group of companies. Pursuant to this directive, the Armed Forces Revolutionary Council by a letter dated 23 September 1979, addressed to the Commissioner of Industries, directed that certain companies including “Najat Company” should become part of the National Industrial Company. Since this is the letter upon which the whole defence turns, it will be necessary to quote the whole letter which reads:

“A.F.R.C /IND/Vol.1

23 September, 1979.

TRANSFER OF FIVE COMPANIES TO NATIONAL INDUSTRIAL CO…