OGEBE JCA (Delivering the Lead Judgment): The appellant had in suit No. 0/113/96 filed an action in 1996 against the respondent in respect of supply of gas and return of cylinders. The respondent filed a motion to dismiss the suit; that motion wasnot heard because the appellant discontinued the suit. Two years later,in suit No. 0/464/98, the appellant commenced another suit on the same subject matter, made some changes in the statement of claim to the effect that the demand for the return of the cylinders was made in 1995 and not 1985. The respondent promptly brought a preliminary objection to dismiss the suit for beingan abuse of the court’s process. In the supporting affidavit, the respondent attached the statement of claim in the suit of 1996. The respondent filed a counter-affidavit to oppose the preliminary objection. The trial court heard arguments from both sides and in its ruling, dismissed the suit for beingstatute-barred and a gross abuse of process of the court.
Dissatisfi…