REIPCO LIMITED vs. ZEN PETROLEUM MALI AND 5 ORS

Before me today is a Motion filed by the 2nd, 4th, 5th and 6th Defendants (the “Applicants”) pursuant to Order 11 Rule 18(1) (a) of the High Court (Civil Procedure) Rules, 2004, (C.I 47) praying for an Order to Strike out Pleadings filed against them as disclosing no cause of action. This application is opposed by the Plaintiff/Respondent (the “Respondent”). I have carefully considered the submission of both parties to the suit in the form of the written addresses of their respective Counsel. I had earlier reviewed the application itself and the affidavits in support and in opposition to same and I have considered all these in the light of the pleadings filed thus far in this case, the case law and the authorities on an issue such as this. I would note that the Applicants do not seek to invoke the inherent powers of the court but premise their motion solely on Order 11 Rule 18(1) (a) of the C.I 47. The relevant portions of this Order read as follows: “The court may a...