JUDGMENT OF AKIWUMI, J. A.
I have read in draft the judgments of My Lords Shah and Bosire with which I am in full agreement that the appeal should be dismissed on the basis that the Appellant, the Plaintiff in the suit, had on a balance of probabilities, not proved her case. However, an issue that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon the preliminary objection being raised before the trial on behalf of the Respondent, the Defendant in the suit, he had ruled that leave to institute the proceedings which the Appellant had obtained ex parte, from a judge of the superior court under the limitation Act, could not be challenged by way of a preliminary objection, but, as the learned judge put it, “at the trial .... on evidence and submissions.”.
Many statutes in this country, including the Limitation Act, which have their origins in…