BETTY KONADU AND 2 OTHERS V. ISSAH MOHAMMED AND MORO ABDULAI TANO

RULING

OBIRI, J.

On 24^th July 2017, the defendants/applicants hereinafter called the applicants, prayed in a motion on notice for the court to set aside and or strike out the plaintiffs/respondents writ of summons and the statement of claim. The motion was accompanied by affidavit in support. The relevant paragraphs of the affidavit in support to this ruling are as follows:

(5) That, the said writ of summons and statement of claim are incompetent and same should be set aside and or struck out as void.

(6) That, I am advised and verily believe that, the said void and or incompetent writ of summons is incapable of properly invoking the Honourable Court jurisdiction and to proceed therefrom.

(7) That to the extent of want of jurisdiction of the Honourable Court, the writ of summons is a proper one for the Honourable Court to set aside and or struck out same as void.

The plaintiffs/respondents (hereinafter called the respondents) resisted the application by filling affidavit in opposition. The …