ESSIEN J (DELIVERING THE RULING): The 1st and 2nd respondent/applicant by a notice of preliminary objection dated 19th October, 2017 and filed on the 8th November, 2017 seeks an order of this court dismissing this suit on the grounds that this court lacks jurisdiction to entertain this suit. The grounds upon which the objection is predicated are that:
- The suit is statute barred.
- There is no cause of action disclosed against the 1st and 2nd respondent.
The preliminary objection is supported by a written address of the 1st and 2nd applicant’s counsel.
The applicant to the originating motion who are respondent to this preliminary objection did not file a counter affidavit or a written address in opposition to this preliminary objection. However he sought the leave of this court to respond orally to the preliminary objection. His application was granted.
In his written submission filed along with the notice of preliminary objection the applicant counsel formulated two issues for determinatio…