FATTAL V. FATTAL AND OTHERS

LAMPTEY JA.: On 23 June 1995 Omar Mahmoud Fatal in a representative capacity as the plaintiff sued the defendants, namely (1) Faraz Mahmoud Fattal; (2) Rana Motors and Metal Works Engineering Co Ltd; and (3) Kia Motor Corporation and claimed against the defendants the reliefs endorsed on the writ of summons. A statement of claim was filed with the writ. On 5 July 1995 a statement of defence was filed for the second defendant company. On 6 July 1995 solicitors acting for the first defendant entered conditional appearance for the first defendant. Because the third defendant company was an external company and resided out of the jurisdiction, the plaintiff applied for leave to serve process on the third defendant company out of the jurisdiction. The solicitors acting for the second defendant filed a statement of defence on behalf of the second defendant company on 28 July 1995. The solicitor acting for the first defendant filed a motion on notice praying the court for an order striking o…