Asmah Musa JC:

GROUNDS OF JUDGMENT

I. INTRODUCTION

[1]This is the Court’s decision on the First Defendant’s Notice of Application (Encl.11) brought pursuant to Order 18 rule 19(1)(b) and (d) of the Rules of Court 2012. The Defendant seeks to strike out the Plaintiffs’ Writ and Statement of Claim dated 23 October 2024 on the grounds that the action is frivolous, vexatious, time-barred, and an abuse of the process of the court.

[2]The Plaintiffs challenge paragraph (f) of a Consent Order dated 2 May 2024 made in Originating Summons No. BA-24NCvC-262-02/2024, which declared that all previous maintenance and sinking fund charges imposed by the Management Corporation of Amcorp Trade Centre (“ATC”) are “valid and binding upon all parcel owners.”

[3]The Plaintiffs allege that the Consent Order was obtained fraudulently and without service, and therefore void ab initio. The First Defendant contends the order was properly obtained with the consent of the parcel owners, duly served, and that this suit constitutes a collateral attack on a valid court order.

II. BACKGROUND FACTS

[4]The First Defendant is the Management Corporation (MC) of Amcorp Trade Centre, a strata-titled development consisting of