NOWFILL S. LABA vs. LENNAP AND CO. AND LATEX FOAM RUBBER PRODUCTS LTD

Against the backdrop of the Applicant’s originating notice of motion filed with the Registry of this Court on June 9, 2016 for declarative and injunctive reliefs against the 1st Respondent, who according to the Applicant, was perpetuating irregularity and acts of illegality in the name of the 2nd Respondent (hereinafter, the “Company”) under Section 217 of the Companies Act, 1963, Act 179 (hereinafter, the “Companies Act”), the 1st Respondent, on June 27, 2016, filed an application for an order to strike out the said motion. The grounds for the application of the 1st Respondent catalogued in its motion paper state as follows: i. Applicant has wrongly invoked the jurisdiction of the Court against 1st Respondent for reliefs sought. ii. Applicant has no cause of actions against 1st Respondent in so far as the allegations upon which Applicant’s action are founded is concerned. After carefully considering the various arguments canvassed by Counsel for 1st Respondent to strike...