The question raised in the court below was whether the originating process adopted by the plaintiffs in seeking redress of a grievance it had against the defendants was appropriate. The plaintiffs claimed to be the holders in due course of five promissory notes issued by the defendants in favour of a company called Sabat Motors to the order of Eaglet Corporation Ltd. The plaintiffs’ came into the picture apparently because Eaglet Corporation indorsed the promissory notes in their favour, but which were dishonoured by the defendants upon presentation for payment on the due date. The plaintiffs went to the High Court by way of an originating summons seeking what happens to be the court’s construction of these instruments as to whether by them they were entitled to payment with interest at the current bank rate.
The defendants filed an application to strike out this originating process on the grounds that there are several facts in dispute which make the process adopted “…