[1] In this action, the respondent claims against the appellant and two other defendants principally for damages as well as mesne profit for trespass allegedly committed by the appellant and the said two defendants and a declaration that they had trespassed into the respondent's land. The appellant, on 2 December 2016, filed an application in encl 45 seeking mainly an order to strike out the Amended Statement of Claim dated 17 February 2016 pursuant to O 18 r 19(1)(b) and (d) of the Rules of 2012. The application was dismissed by the High Court by an order dated 16 February 2017. This is an appeal by the appellant against the said decision in which the appellant's application was dismissed.

[2] Before we embark upon a detailed consideration of the appeal, there is a preliminary matter which we ought to mention at the outset. Besides the appellant, who was the 3rd defendant in the present action in the High Court, th