KARIBI-WHYTE, J.S.C. (Delivering the Leading Ruling): This preliminary objection against the competence of this appeal was raised by the 5th Respondent on the 1st February, 1993 when the appeal came up for hearing. After hearing counsel for and against the preliminary objection, the same day, I summarily dismissed the preliminary objection and indicated that my reasons for so will be stated later. This I now proceed to do.
The appeal from the Court of Appeal is still pending in this court. The history of the case is relevant to the determination of this objection. But only so much as is necessary for this ruling will be stated. It is sufficient to say that the only surviving parties to this litigation are the 2nd plaintiff, who is now the Appellant, and the 5th Defendant, who is now the Respondent.
The ground on which the objection to the competence of this appeal rests is clearly formulated in applicant's notice of preliminary objection which states as follows-
"that the present appe…