NATIONAL TRUST HOLDING COMPANY (PLAINTIFF) vs. OFS MICROFINANCE LIMITED & 3ORS. (DEFENDANTS)

In this application the 2nd Defendant/Applicant (hereinafter referred to as 2nd Defendant) prays the Court to dismiss the suit for being frivolous, vexatious and for being an abuse of the process being a matter the subject matter of which has been conclusively ruled upon in a Court of competent jurisdiction. The Plaintiff/Respondent (hereinafter referred to as the Plaintiff) raised a preliminary objection to the propriety of the present application on the grounds that the present application has been brought too late in the day as the 2nd Defendant has filed a statement of defence and participated in the process till the time when parties have been referred to trial. It is observed that a preliminary objection is a special procedure whereby a process filed by a party to the said process, which if upheld by the Court has the effect of terminating the life of the said process, be it the substantive suit or an application, by being struck out. In such situations the Court not only has ...