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His affidavit lays out the detail of the claim and transactions relating to the claim.The claim was served on the defendant on the 5 th February 2018. Jhonny Gregorio Griman, a director of Kinscorp who was duly authorised to make the affidavit. Kinscorp also seeks a declaration from this court that Lawrence who was at the material times a Director of Kinscorp is liable to account to Kinscorp for the said funds and that he Lawrence as a director is in breach of his fiduciary duty towards it and has acted Breach of Trust.Kinscorp’s Fixed Date Claim was accompanied by an affidavit in support of claim which was sworn to by Mr. (The applicants)On the 15 th January 2018, the Claimant Kinscorp Limited (“Kinscorp”) brought an action by way of Fixed Date Claim against the defendant Remy Lawrence (“Lawrence”) essentially to recover the sum of $39,547.00 belonging to Kinscorp and withdrawn by the defendant from Kinscorp’s bank account. Heather Felix-Evans for the ApplicantsRULING ON APPLICATION TO STRIKE OUT ANCILLARY CLAIM ON WRITTEN SUBMISSIONS STEPHENSON, J.: This is the court’s ruling on an application to strike out an Ancillary Claim filed on the 10 th April 2018 by the Ancillary Defendants.
Lawrence filed his submissions in opposition to the application to strike out on the 19 th April 2018. In his ancillary claim Lawrence is essentially seeking the following declarations that:(2) Ibank is the principal of Kinscorp for the purpose of settling Ibank’s financial(3) Ibank is beneficially entitled to the monies on the bank account held in the(4) Ibank is beneficially entitled to monies paid by Lawrence on behalf of bothLawrence is also seeking an order in his ancillary claim that the monies claimed and held by Kinscorp were properly utilised for the settlement of Ibank’s financial obligations which included the legal retainer owed by Ibank.Lawrence is also seeking a declaration from the court that the claim “brought herein is frivolous and vexatious and an abuse of process” and “further …that the claim does not disclose a reasonable basis for filing and action and should be struck out” The Application to Strike Out by the Applicants (the Ancillary Defendants):An affidavit and submissions in support of the application was filed on ?.Mr. An order was then made that this claim should be filed by the 15 th March 2018 and the first hearing was adjourned to the 18 th April 2018.On 8 thMay 2018 Lawrence filed his ancillary claim and named Ibank Corporation (“Ibank”) and Kinscorp Limited as the ancillary defendants (together “the applicants). Lennox Lawrence acting for and on behalf of the respondents informed the court of his intention to file an Ancillary Claim. On the 8 th March 2018 the matter came up for first hearing of the Fixed Date Claim and Learned Counsel Mr.
That in the claim Lawrence is asserting that the monies have been paid over to or retained by Mr. Felix-Evans in an excellent and succinct manner submitted that an analysis of the amended ancillary statement of claim discloses that the statement of case under scrutiny is a defence which can be viewed as an explanation by Lawrence against the claim filed against him by Kinscorp. It is further contended that Lawrence in his defence to the claim brought against him is seeking to put forward that the monies which belonged to Kinscorp has been retained by Kinscorp lawyer, Mr. Lennox Lawrence, who is in fact Counsel having conduct of the matter on behalf of Lawrence.
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