RULING
On 9th June, 2021, the Defendants/Applicants (hereinafter called the Applicants) filed a motion before this Court. Their motion prays the Court to strike out the Plaintiff’s suit as incompetent under Order 2 of C.I. 47.
The motion is supported by an affidavit. The Applicants are contending in their affidavit that the Plaintiff/Respondent (hereinafter called the Respondent) failed to endorse the address for service of both Applicants, contrary to the mandatory rules of Court. Therefore, the Respondent's Writ of Summons is incompetent and must be set aside.
The Respondent resisted the application. The application was argued for and against on 23rd June, 2021. The Applicant's Counsel contended that, their application should be granted for the following reasons.
a) The requirement for indicating the address of the parties is mandatory and ought to have been complied with by the Respondent.
b) That if the Respondent had taken diligent steps to ascertain the address of the Applicant…