The Applicants filed an Application for an expedited hearing dated 17th February,
2016, Amici
Curiae application dated 18th day of March 2016 and application
granting leave to the Amici Curiae to intervene as an intervener dated 30th March,
2016.
As earlier noted, the application for accelerated hearing was struck out on the request
of the Applicants, while the Court granted the amicus Curiae permission to file a
consolidated brief.
A critical perusal of the application and the corresponding defence raises issues of
law and fact both at the preliminary level and the substantive suit. Accordingly, in
our considered opinion, this calls for the examination of the preliminary issues first
before delving into the issues, if any, raised by the substantive application.
2.1, PRELIMINARY OBJECTION.
With
regard
to
the
preliminary
objection,
the
following
issues
calls
for
determination;
Whether the |* Plaintiffis a legal person and whether it has the locus standi to
institute this action.
ii.
Whether from the totality of facts before this Court, the 3" Plaintiff's claim is
statute barred.
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