WISSAM AID LABA vs. RICHARD N. LABA AND OTHERS

1st Defendant/Applicant prays by this motion for an order for the dismissal of the suit on the grounds that the subject matter of this suit being the directorship and membership of the board of 3rd Defendant company is a subject reference for mediation pursuant to an order made by the High Court in Suit No: MSC1010/2016 entitled Republic v Aid S. Laba & Others. Applicant claim in the affidavit accompanying the application that the parties in the proceedings in Suit No MSC 1010/2016 initiated by the order of Marful-Sau J.A are also parties participating before this court. Besides, that the gravamen of the Plaintiff’s action is to question the capacity of 1st Defendant as a director/chairman of the 3rd Defendant and according to the Applicant, by Plaintiff’s own showing the affairs of the 3rd Defendant company is a subject matter of mediation proceedings with one of the core issues being the board composition of the 3rd Defendant company. Applicant accordingly contend that with ...