FORMS CAPITAL vs. RE PETROLEUM LTD, CLEMENT EDEM ABENYO AND AUGUSTINE MAWULI BAKU

On 3rd November 2022, the Defendants/Applicants (hereinafter called the Applicants) filed an application on notice. The Applicants are praying in their application for the Court to strike out the writ of summons of the Plaintiff/Respondent (hereinafter called the Respondent) as being an abuse of the Court process. The motion is supported by affidavit and attached with exhibits. The relevant paragraphs of the affidavit in support are as follows: 3. That the Applicants have been served with Writ of Summons and Statement of Claim issued by the Plaintiff/Respondent on 10th of May, 2022 for the reliefs endorsed thereon. A copy of the Writ of Summons and Statement of Claim is attached as exhibit CA1. 4. That the Plaintiff had earlier in 2019 issued a Writ of Summons and Statement of Claim against the same Defendants in respect of the same subject matter for certain reliefs. A copy of the 2019 Writ of Summons and Statement of Claim is attached as exhibit CA2. 5. That the action which was ...