RULING
OSEI-HWERE, J.
A preliminary legal objection has been taken in the instant application by counsel for the plaintiff/respondent on the basis that at the time counsel for the 2nd defendant/applicant filed the motion to set aside the writ of summons issued against the 2nd defendant the jurisdiction of the court had not been properly invoked, as the conditional appearance entered on behalf of the applicant was irregular. Counsel also submitted that at the time the application was filed counsel for the applicant had no valid solicitor’s license to practice law.
When counsel for the 2nd defendant/applicant responded to the legal objection he stated that it was wrong for plaintiff/respondent counsel to raise the allege breaches of the rules of court specifically Order 9 rule 1 and Order 4 r 1(2) of the High Court (Civil Procedure) Rules, 2004 (CI 47) by way of a preliminary legal objection and that counsel ought to have come by way of motion to give applicant the opportunity to respond a…