RULING
1.0 The 2 Defendant/Applicant herein, (hereafter “the Applicant”) on 3 November, 2021, filed this application to have the writ of summons and the statement of claim filed by the Plaintiffs/Respondents (hereafter “the Respondents”) dismissed for lack/want of capacity.
1.1 On the 18 day of August, 2022, when the application came up before me, I ordered both counsel for the parties to formally address the court on the application.
1.2 On 26 August, 2022, learned counsel for the Applicant in compliance with the orders of this court duly filed his written submission in respect of his application and on 5 September, 2022, learned counsel for the Respondents also filed his written submission.
1.3 The background of this case is that the Respondents caused to issue for them the present writ seeking declaration of title, recovery of possession, damages for trespass and perpetual injunction against the Applicant and the 1 Defendant.
1.4 Now the application before the court is very simple and a…