This is an application by the 2nd to 6th and 9th Defendants/Applicants herein, hereafter referred to as "Applicants", invoking the original jurisdiction of this court for an order to strike out the instant suit on the basis that it was commenced by a person that is the 1st Plaintiff/Respondent, without the requisite capacity.
The facts of the case as can be gleaned from the records reveal that the 1st Plaintiff/Respondent, as Receiver of The Beige Bank, (hereinafter referred to as "the Bank/2nd Plaintiff/Respondent") identified a number of transactions executed by the Defendants to the suit that he alleges are unlawful. These include loans, advances and the acquisition of assets using the funds of the Bank made by the 1st Defendant for his and the benefit of the other Defendants. In this light, on June 14, 2019, the 1st Plaintiff/Respondent caused a Writ of Summons and a Statement of Claim to be issued against the Defendants. On June 20, 2019 upon application by the Ba…