WISSAM AID LABA
V.
RICHARD N. LABA AND OTHERS

RULING

BAFFOUR, J.

This is a motion by the 1^st Defendant/Applicant seeking an order for the dismissal or a stay of this proceedings on the grounds that the filing of a notice of discontinuance in Suit No CM/BDC/0750/2017 by the Plaintiff/Respondent was improper as to amount to an abuse of the process of the court.

A background to this application as recounted in the affidavit in support of this application will suffice to illume one’s appreciation of the application. In Suit No CM/BDC/0750/2017 between the same parties herein the Plaintiff/Respondent had sought certain reliefs against 1^st Defendant/Applicant and the other Defendants in this suit regarding the directorship of 3^rd Defendant company as well as a declaration that 1^st Defendant/Applicant committed fraud. The court declined an application to dismiss that suit in my ruling dated the 25^th of January, 2018, which has since become the subject of an interlocutory appeal before the Court of Appeal.

It is the contention of the 1^st Def…