OTC INTERNATIONAL GMBH vs. SCIMPLANT LIMITED & 4 ORS

RULING It is stated under Order 33 Rules 3 and 5 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) as follows: “3. The Court may order any question or issue arising in any cause or matter whether of fact or law, or partly of fact and partly of law, and raised by the pleadings to be tried before, at or after the trial of the cause or matter and may give directions as to the manner in which the question or issue shall be stated”. 5. Where it appears to the Court that the decision of any question or issue arising in any cause or matter and tried separately from the main cause or matter substantially disposes of the cause or matter or renders trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just”. At the directions stage, and having apprised myself of the issues set down as emanating from the pleadings of the parties, the first of which was whether or not Plaintiff is an existi...