BAFFOUR, J.
It is provided under Order 11 rule 18(1)(d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that:
“The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that:
(d) it is otherwise an abuse of the process of the Court”
And may order the action to be stayed or dismissed or judgment to be entered accordingly.”
Defendant/Applicant has mounted this application calling for the dismissal of the suit upon the ground that the suit instituted by Respondent constitutes a veritable abuse of the judicial process in so far as according to Applicant this suit has effectively been determined and therefore was res judicata.
The factual grounds giving rise to this application as deposed to in the affidavit by one Morten Gade, the Managing Director of Applicant company is that Respondent commenced arbitral proceedings against West Africa Quarries Ltd (WAQL) pursuant to an agreement that specified resolution of disput…