EBENEZER BORTIER GABBY SUING PER HIS LAWFUL ATTORNEY FRANK GODSWAY ATAAFI vs. NATIONAL DISASTER MANAGEMENT ORGANISATION (NADMO) AND LANDS COMMISSION

The court must satisfy itself of the date 1st Defendant entered appearance. Is it the 27th February, 2019 as stated by Counsel for Plaintiff? If it is correct, then the instant application is incompetent since it has been filed above the limitation period of 14 days. It was filed on 19th March, 2019. This means the application is incompetent. It is filed outside the fourteen days. See Order 9, rule 8 of C.I 47. However this court will make orders for effective determination of the matters in this suit. The court will rely on Order 4, rule 5 (2) of C. I 47 and make the Attorney General (A. G) a party and at the same time strike out 1st Defendant – NADMO as a party. Finally the court will stay proceedings and order the Plaintiff to comply with section 10 of the State Proceedings Act, 1998 (Act 555). Article 88(5) of the constitution mandates the A. G. to be made Defendant in all actions against the state.