STANBIC BANK LTD vs CHAMPION OIL CO. & 2 ORS

I have listened to the submissions for and against the grant of the Respondents/Applicants (hereinafter called the Applicants) application to set aside the Applicant/Respondent (hereinafter called the Respondent) herein notice of originating motion. Counsel for the Applicants submitted that the original originating motion / application sins against section 84 of Act 1052. Counsel for the Respondent contends otherwise. Section 84 of Act 1052 make reference to C.I.47 and C.I.59 (District Court Rules, 2009) as to the parameters within which to invoke the court’s jurisdiction. Counsel for the Applicants also referred the court to Order 58 of C.I.47. However, Order 58 of C.I.47 is predicate on Order 2(2) of C.I 47. Order 58 does not stand on its own. Therefore, whether an action is a commercial case or not must be initiated by writ or other means permitted by the law. Order 2 (2) of C.I.47 provides that: - “Subject to any existing enactment to the contrary all civil proceedings...