[1] An application for striking out for failure to name the actual tortfeasor ought not to succeed if adjectival law in the form of discovery can be pressed into aid to ascertain his identity for purposes of establishing vicarious liability.

Introduction

[2] The Appellant (plaintiff) sued the Respondents (defendants) for trespass claiming that the Respondents in carrying out excavation works for a retention pond adjoining her land, brought onto her land waste materials causing her oil palm trees to be cut down and her land made unsuitable for the planting of oil palm trees.

[3] In the Sessions Court, the Respondents succeeded in their application to have the action struck out summarily pursuant to O 18 r 19(1) (a), (b) and (d) and O 92 r 4 of the Rules