GALINJE JCA (Delivering the Lead Judgment): By an originating summons dated and filed on 22 November 2005, the appellants herein submitted five questions for resolution and sought several declaratory reliefs and orders. Thereafter, the appellants filed a motion ex parte for interim orders and a motion on notice for interlocutory injunction which were both granted by the lower court on 21 December 2005 and 29 March 2006 respectively. In reaction to the originating summons filed on 22 November 2003, the respondents filed a counter-affidavit dated and filed on 5 November 2006 and a counterclaim dated 1 November 2006 and filed on 2 November 2006.
In response to the respondents’ counter-affidavit and counterclaim , the appellants filed a notice of preliminary objection on 14 February 2007 in the following terms:
“Take notice that at the resumed hearing of this suit or at the earliest convenient date, the plaintiffs/applicants will raise a preliminary objection against the competence of t…