4. The breach of the Agreement has not ceased as the Claimant has not been allowed to remove all plants, equipment and movable assets, the properties of the Claimant. The Application for preliminary objection was heard in open Court on the 23rd November, 2018 where the parties represented by their respective counsel were given opportunity to argue their cases. Both counsel virtually relied on their written submissions without raising any new points of law. Counsel urged the Court to determine the Application on the strength of those submissions. DEFENDANT’S ARGUMENT IN SUPPORT OF THE PRELIMINARY OBJECTION The Defendant prays the Court to strike out the Plaintiff’s suit on grounds, inter alia, that the Court lacks jurisdiction to entertain the suit. It argued its case on three main prongs. Firstly, the Defendant contends that the Concession Agreement (Exhibited as Annexure “A”) which forms the basis of the Plaintiff’s suit provides for mode of settling any disputes arising from the Agreement. According to the Defendant, Annexure “A”, expressly provides for an Arbitration under Clause 16.1 envisaging that all disputes arising out of or in connection with the Agreement shall be settled by an arbitration. The Defendant’s case is that the Plaintiff’s suit was brought to this Honourable Court in breach of the Arbitration Clause 16.1 of Annexure “A”. In deed the Defendant asserts that the Plaintiff, before instituting the present action had sued and obtained judgment against the Defendant at the High Court (Commercial Division) of Sierra Leone under the municipal laws of the parties. In 10