RULING ON MOTION ON NOTICE TO STRIKE OUT ACTION.
The court has considered the submissions of both counsel on this present application.
It has adverted its mind to the High Court (Civil Procedure) Rules of 2004, specifically Order 2 rule 5 (1) (a) and (b) and has also read the judgment of the Supreme Court in case of Standard Bank Offshore Trust Co.
Ltd substituted by Dominion Corporate Trustee Ltd. V. National Investment Bank Ltd. and others (J4/63/2016) dated 21st June, 2017, and the Court is of the opinion that this application is to be granted because the writ issued by the plaintiffs is void in that it did not satisfy the requirements imposed by Order 2 rule (1) (b) of C. I 47. The plaintiff’s writ is thus struck out, there is no award of cost in this application.
(SGD. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT.
