Kurt Cobain died in 1994

The suit is part of a long-running battle of Love's to try and gain control of the band's assets.

She has so far successfully blocked the release of a boxed set to commemorate the 10th anniversary of the multi-million selling album Nevermind.

The argument centres over the inclusion of one song, You Know You're Right, recorded just before Cobain's death. A trial date has been set for December 2002.

Love signed an agreement with Grohl and Novoselic to split royalties three ways.

She now claims she was "emotionally distraught" when she signed the contract.

Creative vision

Court documents filed for Love downplay the contribution to Nirvana by Grohl and Novoselic.

"Nirvana could never be a partnership because it was the living manifestation of the creative vision, personal will and life force of a single unique individual," say the documents.

Cobain died of a self-inflicted gunshot wound in April 1994.

Love is also being sued by Geffen Records, previously her label as well. That suit says she broke the terms of her contract by failing to deliver the requisite number of albums.

She in turn is counter-suing, calling the contract "unfair".

The company has asked a Los Angeles judge to dismiss her case and a decision is expected on 16 October.

She is also leading a joint lobby with Eagles member Don Henley, representing musicians accusing large record companies of "corrupt business practices", which tie artists into long contracts.

Under the banner the Recording Artists' Coalition, they claim young artists are often forced to accept such terms in the bid to get a recording contract, leaving them later with little control over their careers.