VT Singham J:

This case involves a family business and has a long history in reference to other related cases filed in this court by the petitioners against the respondents and other related applications filed by both parties. In order to arrive at a meaningful decision, it is important to trace the background, the dates, the chronology and series of events in respect of the various petitions, summons and applications filed in this court by both parties which are relevant and will assist this court when determining the respondents' application (encl. 77) to strike out the 's. 218 Petition'.

This is an application by way of notice of motion dated 11 May 2001 (encl. 77) under O. 18 r. 19(1)(c) and/or (d), of the Rules of the High Court 1980 and filed on 11 May 2001 by the respondents for the following orders:

1. for leave to file the notice of motion;

2. to strike out the originating petition No: 26-1-98 dated 8 October 1998 (encl. 2);

3. the petitioners to pay the costs of this action; and

4. such other relief as this Honourable Court deems fit and just.

3. The grounds of the application are as contained in the affidavit of the 2nd respondent which was affirmed on 8 May 200