CAL BANK PLC V. BILAL FAYEZ HAMOUI

RULING

On 26th February 2024, the Defendant/Applicant (hereinafter called theApplicant) filed a motion on notice before the court. The motion is praying the court, to strike out the Plaintiff’/Respondent (hereinafter called the Respondent) Writ of Summons and Statement of Claim, and make a consequential order by dismissing the entire suit.

The motion is supported by affidavit and exhibits. The relevant paragraphs are reproduced below:

1. That I have the consent of the Defendant to depose to this affidavit on matters within my knowledge, information and belief unless I state otherwise.

2. That at the hearing of this application, lawyer for the Defendant shall, with the leave of the court refer to all processes so far filed in this action as if same have been set out in details herein and sworn to under oath.

3. That the Defendant caused an action to be institutedagainst the Plaintiff herein in June 2023 with Suit No. CM/BDC/0500/2023 (Wherein the Plaintiff herein is the Defendant therein). Evidence …