This is the ruling of the court in respect of the preliminary points of law raised by the counsel for Respondent when this application came to be moved by the counsel for the Applicant. The Applicant who roots this application under the Incorporated Private Partnership Act, Act 152, 1962 and seeks an order to the effect that the Respondent ceased to be a partner in the firm Blue Bells Pre-School International on the following grounds that:
1. That Respondent since July, 2000 when the partnership was formed has willfully and persistently failed or refused to pay her capital contribution in breach of the partnership.
2. That the respondent forfeited her interest in the partnership when she willfully and persistently refused to pay up her capital contribution when she was called upon by the Applicant to pay up.
3. That Respondent cease to be a partner of the firm.
In an affidavit that accompanied the application deposed to by the lawful attorney of the Applicant, Stephanie Haizel, Applicant …