Background: Daljit Singh Kainth sued Shemilla Kurji, trustee of the estate of Karim Kurji, and others, alleging a joint venture in a property investment which excluded him from benefits.

Claims: Kainth claimed damages against the Kurjis and others for excluding him from the sale of a property and breaching fiduciary and agency duties.

Defendants' Response: Marcon Davie Properties Ltd. sought to dismiss Kainth's claim for lack of merit.

Court's Decision: The court granted Marcon's application, dismissing Kainth's claim under Rule 9-6 and Rule 9-7 of the Supreme Court Civil Rules.

Costs Awarded: Marcon was entitled to its costs on this application and the proceeding at Scale B.