9 Feb 2007
MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS
- Citation
- MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV225/2006
The Court of Appeal held that filing defences which expressly reserved a challenge to jurisdiction did not, on the facts, constitute a submission to jurisdiction; Order 12 r 8 is not a complete code and conduct must be wholly unequivocal to amount to waiver. The appeal was allowed on that point; the judge's view that the extensions of writs ought not to have been granted and that delay caused prejudice was not disturbed; costs ordered nisi to the 3rd defendant.