In answer to the new plea in law raised, the Plaintiffs submitted that since the defendants have raised the issue of jurisdiction, they cannot bring the present application or raise new issues until the question of jurisdiction is disposed of unless they first withdraw their objection based on jurisdiction. It is worthy to mention that the Plaintiffs, despite the close of pleadings, continued to bring frivolous applications which are in most cases repetitions and thus not relevant for the determination of the present suit. 4. ANALYSIS OF THE ISSUES FOR DETERMINATION AND LEGAL ARGUMENTS OF THE PARTIES. From the facts of the case and the arguments of the parties, it is deducible that it raises pertinent preliminary questions of jurisdiction, admissibility and the merits of the case. It is trite law that when in an action before a Court, the jurisdiction to entertain the suit is questioned, the objection has to be disposed of first before delving into the merits. In other words, a Court or other tribunal seised with a case must determine its competence to entertain the suit before discussing the merits of the case. Jurisdiction is the foundation for the exercise of the judicial power of a Court or tribunal. Where there is lack of jurisdiction, a decision on the merits will tantamount to an exercise in futility because you cannot place something on nothing and expect it to stand. 9

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