Attorney General v Anthony Been (CL 19 of 2020) [2022] TCASC 32 (31 August 2022)

Flynote

Civil Procedure

Case summary

The Court dismissed the summons and directed that the Plaintiff pay the costs. As regards the Defendant’s first objection, the Court did not dismiss the summons on that basis, finding if as they submitted, the proposed new cause of action could be struck out as being frivolous, vexatious and/or an abuse of the process of the court, the same would apply to the present cause of action since the only basis for that submission is the statute of limitations point.  As regards the second objection, the Court found the limitation period had expired. The Court then considered whether the proposed cause of action arose out of the same or substantially the same facts as the originally pleaded claim. The Court found that it did not, and that the power to permit an amendment pursuant to Order 20 rule 5 therefore did not arise.

---