- Civil Procedure
- Case summary
- The court found that the counterclaim had been filed in a court which had no jurisdiction to hear the matter. As a result, an order for withdrawal and transfer of the suit from a court which had no jurisdiction to hear the counterclaim could not be made. As regards the objection to the effect that the application was an abuse of court process, the court found that the allegation that the application was already part-heard and that was awaiting judgment was not supported by affidavit, as such, it could not render the application an abuse of court process. The respondents’ objection to the application was accordingly upheld. The application to withdraw and transfer the suit was thereby dismissed with costs to the plaintiff.
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