LARYEA vs. MACVROOM

At the hearing of this originating motion on notice, counsel for the respondent raised this preliminary objection which is also contained in paragraph 6 of the respondent’s affidavit in opposition filed on 19 January 1988. The thrust of counsel’s argument is that since the substance of the application is for an injunction to restrain the defendant, the proper method for initiating the proceedings should have been by the issue of a writ. Counsel based his contention on the fact that the relief sought is for an order of injunction; and since Order 50 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) has clearly provided for the method of initiating proceedings where this is the relief sought, the applicant was enjoined to use this method and no other. Counsel for the applicant’s answer to this objection is simply that since no provision has been made under the Companies Code, 1963 (Act 179) for application under the Code, he had to fall on Order 74 of L.N. 140A for help a...