(delivering judgment of the court): In the court below, the appellant (the second defendant) applied to have the indorsement on the writ and the statement of claim against the appellant struck out under O 18 r 19(1) of the Rules of the High Court 1980 and the inherent jurisdiction of the court. This was refused with liberty to file afresh by the senior assistant registrar who was affirmed by the judge below. Hence, the appeal to this court.

Order 18 r 19(1) provides:

(1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement, of any writ in the action, or anything in any pleading or in the indorsement, on the ground that —

(a) it discloses no reasonable cause of action or defence, as the case may be; or

(b) it is scandalous, frivolous or vexatious; or

(c) it may prejudice, embarrass or delay the fair trial of the action; or

(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, as the case may be.

(2) No evidence shall be admissible on an application under paragraph (1)(a).

In addition, the court has power under its inherent