Respondent sued applicants. After service of her writ of summons on the applicants but before filing her statement of claim, applicants filed an application seeking an order to strike our or dismiss the respondents suit on the grounds that it was premature and was caught by the doctrine of res judicata. The Court dismissed same.

Applicants dissatisfied appealed to the Court of Appeal whilst filing an application for stay of the proceedings at the High Court pending determination of their appeal.

Respondent filed a counter affidavit deposing that only a writ of summons had been filed at the High Court and that she had not filed a statement of claim. These depositions were not challenged or countered by the applicants.