Description

The Appellants commenced an action before the trial Court on 21 August 2019 by a writ of summons and statement of claim, seeking various declaratory and injunctive reliefs against the Respondents. In response, the Respondents filed a preliminary objection dated 23 January 2020, seeking an order striking out the suit on the grounds that the originating writ, which was issued for service outside jurisdiction, was not endorsed as a concurrent writ as required by the Sheriffs and Civil Process Act, that a concurrent writ was subsequently filed without leave of Court and contained material alterations, and that the parties had, by a Memorandum of Understanding dated 17 October 2011, agreed that disputes arising between them would be governed by the laws of England and Wales and determined by the English Courts.