WISSAM AID LABA vs. RICHARD N. LABA AND OTHERS

This is a motion by the 1st Defendant/Applicant seeking an order for the dismissal or a stay of this proceedings on the grounds that the filing of a notice of discontinuance in Suit No CM/BDC/0750/2017 by the Plaintiff/Respondent was improper as to amount to an abuse of the process of the court. A background to this application as recounted in the affidavit in support of this application will suffice to illume one’s appreciation of the application. In Suit No CM/BDC/0750/2017 between the same parties herein the Plaintiff/Respondent had sought certain reliefs against 1st Defendant/Applicant and the other Defendants in this suit regarding the directorship of 3rd Defendant company as well as a declaration that 1st Defendant/Applicant committed fraud. The court declined an application to dismiss that suit in my ruling dated the 25th of January, 2018, which has since become the subject of an interlocutory appeal before the Court of Appeal. It is the contention of the 1st Defendant/App.....