Gopal Sri Ram JCA:

On 10 January 2005 we were moved in Civil Appeal No. W-02-448-2004 for interim preservation orders by way of a number of injunctions under s. 44 of the Courts of Judicature Act 1964 pending the disposal of these appeals. I do not propose to recite here the relief sought on the motion. They are not relevant. What is relevant is that we thought it best that these appeals be heard on merits as that would render the applications academic. Accordingly we adjourned the motions to 18 January 2005 and directed the appeals to be fixed on that date. Counsel on both sides on each of these appeals agreed to this course.

I must say a few words about these appeals. They all concern two orders made by the High Court striking out an originating summons for want of a cause of action. Two orders because each of the two defendants filed a separate summons to strike. The third appeal (Civil Appeal 448/2004) was unnecessarily brought. It is aimed at the consequential order by the High Court dismissing the originating process. In the ordinary way that order merges with the order striking out the process and so no separate appeal need be directed it. Now, as for the substanti