Introduction

[1] By encl 6, the Appellant vide a Notice of Application dated 12 July 2021, pursuant to O 28 r 4(3) and (4), O 28 r 8, O 38 r 2(2) and O 34 of the Rules of Court 2012 and/or the inherent jurisdiction of this Honourable Court sought the followings orders that:

1. The Originating Summons dated 30 April 2021 proceed to trial as a Writ action;

2. The Originating Summons and the Affidavits stand as pleadings subject to the deponents being made available for cross-examination;

3. The parties be permitted to call such other witnesses including the experts as may be necessary;

4. Enclosure 1 to be stayed pending the hearing and full and final disposal of this application;

5. Costs of and incidental to this application are to be borne by the Plaintiffs on solicitor - client indemnity;

6. Pursuant to O 34 of the Rules of Court 2012, such further or other directions and / or orders be made and / or given as this Honourable Court deems fit and just.

[2] Parties will be referred to as the Appellant and the Respondents respectively in this Judgment.

Brief Facts

[3] It is pertinent to recap the sequence of events and facts in order to appreciate the factual matrix of the pre