ALASAN PENGHAKIMAN

This applicant is applying for leave to commence committal proceedings against the respondents under order 52 rule 2 of the Rules of the High Court 1980. The ex-parte application was first heard on the 30/9/96, when it was ordered to be heard inter- partes.

This application arises out of an Anton-Piller order (hereinafter referred to as the order) previously granted to the applicant against the respondents. The order was served on the respondents who had the advice of counsel on hand. The respondents had acknowledged receipt of service, and had complied with the order at about noon on the 17/4/96. Then at about 3.30 in the afternoon, they had asked to seek further legal advice. Having so decided, they ceased to comply further with the order.

Then on the 18/4/96, the respondents and their counsel replied that they will not comply with the order. Only then did they apply to this court to set aside the writ and the order. Counsel asserts that all cause papers had been served on the respondents.

It was submitted that there is a prima facie case and prayed for order in terms to be granted to institute committal proceedings against the respondents.

The respondents subm

Click Here to Read the rest of this document