LOGAN & ASSOCIATES vs. MAGNA LOGISTICS LIMITED, SAMUEL BANNERMAN

RULING This ruling is based on a motion filed by the Defendants/Applicants on the 21st day of January, 2020, praying the court to strike out the Plaintiff/Respondent Company’s Writ of Summons and Statement of Claim for lack of capacity, pursuant to Order 2 Rule 4(2) and for multiplicity of suits. The Plaintiff/Respondent Company filed an Affidavit in Opposition to the said motion on 28th January, 2020, and the Defendants/Applicants subsequently filled a Supplementary Affidavit on 13th February, 2020. The facts are that, the Plaintiff/Respondent Company issued a Writ of Summons and Statement of Claim against the Defendants/Applicants, asking for the recovery of specified amount of money, being the face value of their Zenith Bank Cheque, as well as interest on the sum, because the cheque was dishonoured on presentment by the Defendants’ bankers. The grounds for this motion filed by Defendants/Applicants are as follows: 1. The Writ of Summons and Statement of Claim must be struc...