JUDGMENT OF SHAH. J.A.
On 20th March, 1989 the late Mr. Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.
This court on 8th June, 1990 allowed the appeal against the decision of Rauf J., recalled the plaint and exercising its powers under section 3(2) of Appellate Jurisdiction Act (Cap 9) ordered amendment thereof. Whilst the proposed or suggested amendments were not formulated, this court did say that the plaint as it stood then was deficient in the absence of any allegation that the respondent (hereinafter referred to as "the defendant") acted maliciously and in the absence of particulars.
This was in Civil Appeal No.54 of 1989.
The appellants (hereinafter referred to as the plaintiffs)then filed an amended plaint in the superior court setting out(inter alia) particulars of malice with reference to alleged inducement of breach of contract by the defendant. Thepla…