THE NATIONAL CHAIRMAN INDUSTRIAL & COMMERCIAL WORKERS UNION & ANOR vs THE DEPUTY GENERAL SECRETARY INDUSTRIAL & COMMERCIAL WORKERS UNION & 5 OTHERS

RULING In this action, the plaintiffs sued out a writ of summons against the defendants claiming against the defendants various reliefs as indorsed on the writ of summons. The writ was accompanied by a statement of claim. After entering appearance to the writ of summons, the defendant filed a statement of defence in which they averred at paragraphs 2, 3, and 4 as follows: “2. The defendants object in limine to the capacities in which the plaintiffs have brought the present suit and also state that the positions that the plaintiffs occupy are not personal to the plaintiffs and the plaintiffs cannot bring this suit in those capacities. 3. The defendants also object to the capacities in which the 1st, 2nd, 3rd, 4th and 5th defendants have been sued and add that the positions of the 1st, 2nd, 3rd, 4th and 5th defendants which they occupy presently in the union are not personal to them. 4. Defendants therefore objects in limine to the institution of this suit and sta.....