TSOHO J. (Delivering the Lead Judgment): This judgment is in respect of the plaintiff’s originating summons, which was heard together with the 2nd defendant’s notice of preliminary objection. As the preliminary objection challenges the jurisdiction of this court to entertain the plaintiff’s case, it shall first be disposed of.
The 2nd defendant by a notice of preliminary objection dated and filed on 5 December 2013 prayed for an order of this honourable court dismissing this suit for incompetence and lack of jurisdiction. The grounds of objection are stated as follows:
1. That the application was not initiated by due process of law.
2. That the suit is incompetent and amounts to an abuse of court process.
3. The objection is accompanied by a written address of the same date, which learned counsel for the 2nd defendant adopted during argument.
The plaintiff filed a reply dated 24 January 2014 but filed on 27 January 2014 to the 2nd defendant’s notice of preliminary objection. The plainti…