Richard Malanjum JCA:

Introduction

This is an appeal by the appellants (the petitioners in the court below and hereinafter referred to as 'the petitioners') against the decision of the High Court rendered on 9 October 2001 striking out their petition (as amended) on the application by the respondents (the respondents in the court below and hereinafter referred to as 'the respondents'). The main relief sought for in the petition is for an order to wind up the 9th respondent herein on the ground that it is just and equitable pursuant to s. 218(1)(i) of the Companies Act 1965 (the Act).

The petition was filed on 21 May 2001 and fixed for hearing on 16 August 2001. Affidavits in support of the petition as well as in opposition were also filed. And in the interim the respondents by a notice of motion dated 15 June 2001 applied for the order to strike out the petition pursuant to O. 18 r. 19(1)(a), (b) or (d) of the Rules of the High Court 1980 (the RHC) and/or under the inherent jurisdiction of the court on the ground that it was an abuse of process of the court. Meanwhile on 18 July 2001 the petitioners obtained an order to amend the petition.

The hearing of the notice of moti