The respondents/applicants obtained a favourable ruling at the Court of Appeal. The appellants/respondents sought to appeal against this ruling and applied to the Supreme Court for the trinity prayers. Counsel to the appellants/respondents undertook to serve the motion on notice on the respondent/applicants but did not do so until eight days before the application was scheduled to be heard. As a result, the respondents/applicants’ counter-affidavit and reply brief were not filed until the day before the hearing. These processes were not brought to the attention of the court on the hearing date and the court granted the prayers sought. The respondents/applicants applied for the order to be set aside. The appellants/ respondents filed a preliminary objection stating inter alia that the application was an abuse of process.