It is provided under Order 11 rule 18(1)(b) and (d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that:
“The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that:
(b) it is scandalous, frivolous or vexatious or
(d) it is otherwise an abuse of the process of the Court”
And may order the action to be stayed or dismissed or judgment to be entered accordingly”.
Defendant has mounted this application under Order 11 rule 18(b) and (d) seeking an order for the dismissal of the suit on the grounds that the suit is vexatious and constitute an abuse of the judicial process. In the affidavit that accompanied the application defendant claim that in the writ filed by plaintiff they seek to set aside the judgment obtained by defendant in Suit No BFS/356/2014 on grounds of fraud. And the reasons plaintiffs provide in support of the fraud allegations is that in the grant of the loan to plaintiff/respondents h…