In as much as individuals have constitutional rights to bring whatever claims they have to the courts for adjudication, it is necessary to ensure that processes comply with the Rules of court and that they are fully and legally informed regarding the decisions to take legal action.This claim borders on ...
In as much as individuals have constitutional rights to bring whatever claims they have to the courts for adjudication, it is necessary to ensure that processes comply with the Rules of court and that they are fully and legally informed regarding the decisions to take legal action.
This claim borders on abuse of legal process, as, the second plaintiff, on his behalf and that of the first plaintiff, unprocedurally filed numerous voluminous documents at will including amendments to other amendments, and wrote several letters to the Registrar, which documents had to be read by the defendant and the court.
Some of the documents did not even make legal sense; a typical example being a notice of withdrawal filed on 10 December 2015, well after this matter had been argued and judgment was being prepared, which notice reads as follows:
“Take notice that 2nd Plaintiff is giving notice to withdraw this matter because the 1st Plaintiff was in default of plea. With no order as to costs as 2nd Plaintiff believes the defendant had been barred.”
The second plaintiff filed this document on 10 December 2015, well aware that this matter was already awaiting judgment; further, the first plaintiff's claim had been dismissed in court in his presence.
If a litigant is not sure of how to prosecute their rights, recourse should be made to legal representation which is rendered free of charge by certain entities.
This is a typical case where the plaintiffs should bear costs on an attorney–client scale as their conduct deserves to be censured.
