JUDGMENT
AKAMBA, J.A.
This is a motion filed against the hearing of this appeal. Before dealing with the substantive appeal filed on 3rd September 2004 at the High Court Tema against the judgment delivered on 27th August 2004 by the said High Court, it is important to first surmount this procedural obstacle raised by way of preliminary objection which we intend to address.
The plaintiffs/respondents (hereinafter simply referred as the respondents) filed a separate and independent notice of their intention to rely upon a preliminary objection on 13th April 2006, the same date that they (respondents) filed their written submission. It is reasonable to infer that by the sequence of filing the notice, the same being a motion at the same time with the written submission, the motion is presumed to have been filed first and ought to be dealt with before considering the written submission. This position is also supported by the opening arguments in the respondents written arguments which urge th…