JUDGMENT OF THE COURT
On 30th September, 1987 the respondent’s then advocate Mr Bhasker Sheth took a preliminary point before the superior court to the effect that the plaint filed therein was incompetent, misconceived, was an abuse of the process of court and sought to have the same struck out.
This Court on 12th July, 1995 ruled in Pan Africa Builders and Contractors Ltd and another v. Jogdish Singh, (CA No 52 1995) (unreported) that:-
“Quite unprocedurally and based on preliminary objection supported by an affidavit sworn by the second applicant the applicants applied for a stay of proceedings in the superior court. That is most unusual. It is clear and must be so that an objection in limine can be based on what used to be demurrer. The predecessor of this court said in the case of Mukisa Biscuit Company v. Westend Distributors Limited [1969] EA 696 at page 701: “A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which is argued on th…