KLUDJESON INTERNATIONAL LIMITED VS THE REGISTRAR & ORS

On the 21st of March 2017 the plaintiff issued a Writ of Summons against the Defendants claiming the following reliefs: “a. An order setting aside the auction sale of plaintiff’s building situates at Number 48 Aharabata Street Pig farm carried out on the 15th of November 2016 b. A declaration that the said auction of plaintiff’s building situate at Number 48 Aharabata Street Pig Farm was conducted by fraud c. Recovery of possession.

d. Damages for trespass.

e. Damages for destruction of property f. Costs”Put briefly, the Plaintiff’s case is that on the 13th of December 2002 the High Court (Fast Track Division) entered Judgment against it in Suit No FTC11/2002 2020 GROUP LIMITED VRS KLUDGESON INTERNATIONAL LIMITED.

The said plaintiff in Suit No. FTC11/2002 commenced execution of the judgement and proceeded to attach its building the subject matter of this suit i. e. No. 48 Aharabata Street Pig Farm.

Believing that the Judgment was obtained by fraud it filed a Writ to set aside the Judgment in another suit i. e. Suit No. BMISC 26/2013 KLUDGESON INTERNATIONAL LIMITED VRS 2020 GROUP LIMITED.

The High Court struck out its Writ as being an abuse of the Court process and being dissatisfied it appealed against the decision.

Pursuant to the appeal it applied to the High Court for an order of Injunction restraining the Plaintiff from proceeding with the execution of the Judgment in No. Suit No. FTC11/2002 pending the determination of its appeal against the decision striking out its writ in Suit No. BMISC 26/2013. At the hearing of the Application for Injunction Counsel for 2020 Group Limited raised a preliminary objection challenging the validity of the appeal which said objection was overruled and Counsel invited to move the application at a later date.

2020 Group Limited appealed against the decision overruling its Counsel’s objection and applied to the Court of Appeal for an order staying proceedings in Suit No. BMISC 26/2013. As a result of the application which was pending as well the order of the Court of Appeal staying proceedings 2020 could not proceed with execution of the Judgment in Suit No. FTC11/2002. According to the Plaintiff it was awaiting the determination of the Appeal and was exploring the possibility of resolving the issue with 2020 Group Limited when to its dismay it was informed that its building and registered office No. 48 Aharabata Street Pig Farm had been sold by an auction pursuant to 2020 Group Limited proceeding with the executio