NDK FINANCIAL SERVICES LTD vs. WILLIAM CONSTRUCTION LTD. & 5 OTHERS

Before me is a motion on notice filed by Counsel on behalf of 2nd and 3rd Defendants/Applicants praying this Honourable Court for an Order to Strike out the names of the 2nd and 3rd Defendants from the instant suit under Order 4 Rule 5(2)(a) of the High Court (Civil Procedure) Rules, 2004, C.I. 47 (hereinafter, “C.I. 47”). The grounds for this prayer are contained in the affidavit filed in support of this motion. It is the case of the 2nd and 3rd Defendants that they are the Directors of the 1st Defendant Company. They contend that the 1st Defendant Company has a legal personality separate from its directors. For this reason, they contend further that they, as directors, should not be held liable for the default of the 1st Defendant in repaying the credit facility that was advanced to it by the Plaintiff. The 2nd and 3rd Defendants further argue that from the pleadings contained in the Statement of claim, the Plaintiff knew who they were dealing with when it proceeded to tra...