JUDGEMENT
APPAU J.
This is an application by the defendants calling on the court to strike out or set aside the plaintiff’s writ of summons for non-compliance with a fundamental legal requirement. The six-paragraphed affidavit accompanying the application which was sworn to by counsel for the defendants did not specify the said requirement which the defendants said the plaintiff did not comply with. However, according to the defendants, they had filed the application consequent upon a conditional appearance entered on their behalf by their counsel on 15 March 2001. The application itself was filed on 29 March 2001, that is ten days after the entry of appearance. The plaintiff did not file any affidavit in opposition because, according to her counsel, there was nothing in the affidavit in support of the application which they had to respond to. Counsel for the plaintiff therefore opposed the application on legal grounds.
In his arguments in support of the application, counsel for the defe…