EDENDALE PROPERTIES LTD vs. DATA BANK ASSET MANAGEMENT

The Defendant/Applicant (hereinafter called the Applicant) filed a motion on notice on 21st July, 2022 against the Plaintiff/Respondent (hereinafter called the Respondent). The motion is praying the court to set aside the Writ of Summons and the Statement of Claim filed on 4th July, 2022 on the grounds that this Court is functus officio and has no jurisdiction in the matter, and the suit is an abuse of the court process. The motion is supported by affidavit and exhibits. I hereby reproduce the relevant paragraphs of the affidavit in support in this delivery. 5. That the Plaintiff/Respondent issued a Writ of Summons and Statement of Claim against the Defendant/Applicant on 22nd April 2022 claiming against the Applicant the reliefs endorsed therein. 6. That the Writ of Summons and the Statement of Claim sought to challenge the jurisdiction of the High Court, Commercial Division, in suit number CM/OCC/0260/2017 entitled, Edendale Properties Limited vs. Databank Asset Management Serv...