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Court of Appeal dismisses appeal, affirms High Court order striking out plaintiffs’ proceedings on the grounds that they disclosed no cause of action, were frivolous and vexatious and an abuse of process, and further affirms order that the plaintiffs be restrained from bringing any further proceedings before the court against the defendants without the leave of the court, finding that: 1) no reasonable ground was advanced on this appeal as to why the judgments and orders of the High and Supreme Courts in previous proceedings should be set aside on the basis of fraud or otherwise; and 2) the order sought to restrain the issuing of any further proceedings in respect of the issues raised in these proceedings or the earlier proceedings against the defendants, their servants or agents without the leave of the court was properly granted.
Practice and procedure – appeal of High Court rejecting the plaintiffs’ proceedings on the grounds that they disclosed no cause of action, were frivolous and vexatious and an abuse of process and order that the plaintiffs be restrained from bringing any further proceedings before the court against the defendants without the leave of the court – O. 19, r. 27 or r. 28 of the Rules of the Superior Courts – allegation that the defendants’ solicitors fraudulently concealed or prevented the plaintiffs’ solicitors from gaining access to a full transcript of a previous judgment – fraud – circumstances in which previous court decisions can be overturned on the basis of fraud – no reasonable ground was advanced on this appeal as to why the judgments and orders of the High and Supreme Courts in the previous proceedings should be set aside on the basis of fraud or otherwise – restraining further proceedings – order sought restraining the issuing of any further proceedings in respect of the issues raised in these proceedings or the earlier proceedings against the defendants, their servants or agents without the leave of the court, was properly granted – appeal dismissed.
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