ABODAKPI J.
The motion to dismiss suit has been filed by Counsel for Defendants on 12/02/2019. ORDER 81 Rule 2(a) has been cited, as the rule of procedure, under which the motion has been filed.
The deposition in support showed that the action has been commenced by an Attorney on behalf of Plaintiffs on 27/03/2017 for Plaintiffs who are resident in France. And that the requirements of ORDER 2 Rule 4(2) of C.I. 47/04, have not been satisfied. The deposition is to the effect that the resultant breach of the Rules is a type that can neither be waived nor amended.
In opposition, it has been averred that much earlier this same objection had been taken as part of an application for injunction, and had been dealt with. EXHIBIT ‘JN1’, has been cited in support.
I have perused same, it is a written submission filed in the injunction application. The issue raised in the present application had been addressed in the submission put before the Court, as alleged.
There is EXHIBIT ‘JN2’, which…