Kilimanjaro AM Ltd v Mann Made Corporate Services (UK) Ltd & Ors

Kilimanjaro AM Ltd v Mann Made Corporate Services (UK) Ltd & Ors

The Respondents, as the real parties behind the proceedings, have persistently issued claims and applications totally without merit, including fraudulent and abusive litigation, satisfying the threshold for GCROs. The court must protect its process and future defendants from such conduct, and a GCRO is necessary as an extended civil restraint order would not suffice.

Parties
Claimant: Kilimanjaro AM Limited; 1st Defendant: Mann Made Corporate Services (UK) Limited; 2nd Defendant: Mark Cundy; 3rd Defendant: David Cathersides; 4th Defendant: Rizwan Hussain; 5th Defendant: Alfred Olutayo Oyekoya; 6th Defendant: Rajnish Kalia
Jurisdiction
England and Wales
Judgment Date
09 July 2020
Procedural Posture
Civil / Application for General Civil Restraint Orders (gcros)
Outcome
General Civil Restraint Orders granted against the Fourth and Fifth Defendants.
Legal Topics
Civil Restraint Orders, Abuse of Process, Fraud, Costs Orders
Civil Procedure Company Law Civil Restraint Orders Abuse of Process Fraud Costs Orders

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Parties

Kilimanjaro AM Limited

Claimant

Mann Made Corporate Services (UK) Limited

1st Defendant

Mark Cundy

2nd Defendant

David Cathersides

3rd Defendant

Rizwan Hussain

4th Defendant

Alfred Olutayo Oyekoya

5th Defendant

Rajnish Kalia

6th Defendant

Procedural Posture

Civil / Application for General Civil Restraint Orders (gcros)

Legal Issues

  1. 1 Whether the Respondents have persistently issued claims or applications totally without merit justifying the imposition of General Civil Restraint Orders (GCROs)
  2. 2 Whether the procedural requirements for a GCRO are met
  3. 3 Whether the Respondents are the 'real parties' behind the abusive litigation

Ratio Decidendi

The Respondents, as the real parties behind the proceedings, have persistently issued claims and applications totally without merit, including fraudulent and abusive litigation, satisfying the threshold for GCROs. The court must protect its process and future defendants from such conduct, and a GCRO is necessary as an extended civil restraint order would not suffice.

Court Disposition

General Civil Restraint Orders granted against the Fourth and Fifth Defendants.

Orders

  • General Civil Restraint Orders made against Rizwan Hussain and Alfred Olutayo Oyekoya.