ESSIEN J (DELIVERING THE RULING): The defendants by a notice of Preliminary objection dated and filed on the 15/11/2018 sought an order of this court striking out this suit for being incompetent and also that this court lacks jurisdiction, to entertain this suit. The grounds upon which, the application is predicated are as follows:-
(a) That the 1st defendant is not a juristic/legal person or entity which cannot sue or be sued.
(b) That this suit is incompetent.
(c) That the 2nd defendant is the agent of a disclosed principal and incur personal liability.
(d) That the court has no jurisdiction/ought not to exercise jurisdiction against the defendant in the circumstances.
In support of the application is a 9 paragraph affidavit and a written addresses of the defendant/applicant’s counsel.
In response to this application, the claimant counsel filed a 6 paragraph counter affidavit and a written address of the claimant counsel. Also attached to the affidavit is Exhibit A (comprising of a Certif…