The respondent on 6/12/2016 filed an application in the form of a motion to dismiss an appeal filed by the appellant as incompetent.
Counsel for the appellant raises a preliminary legal objection to the above on the, grounds that:
(1) This court lacks jurisdiction to hear the said application because it has been filed prematurely.
(2) Neither the motion paper nor the supporting affidavit disclose the basis of the “legal point” raised.
I will consider the second ground first. In his response to this, counsel for the respondent states in paragraphs 3&4 of the affidavit in support provide the necessary facts upon which the present application is based.
In dealing with the preliminary legal objection raised, the court will not consider as enjoined by the authorities- the contents of the affidavit in support. The contents of the said affidavit will be considered if the court finds it proper to hear and determine the motion on its merits after giving a ruling on the…