RULING
In this application, 1 and 2 Defendants (hereinafter called Applicants) are praying the court to dismiss the suit against them as same is an abuse of the court process.
Order 11 Rule 18 (1) (d) of the High Court (Civil Procedure) Rules, CI 47 provides:
“1) The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that (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.”
The Black’s Law Dictionary 9th edition defines abuse of court process as:
“The improper and tortuous use of a legitimately issued court process to obtain a result that is either unlawful or beyond the process’s scope”
The doctrine of abuse of process, commonly referred to as the rule in Henderson v. Henderson (1843) 3 Hare 100 whose essence was set out by the English Court of Appeal in Barrow v. Bankside Agency Ltd [1996] WLR 257 at 260 as follows:
“Th…