The present petition was filed on 10/11/2015 by the Petitioner seeking to wind up the Respondent. On 30/11/2015 the Respondent filed a two-point preliminary point of objection to the effect that the company sought to be wound up does not exist and that petition was incompetent for being filed under a repealed law. When the present petition was called on for hearing of the preliminary objection on 10/10/2016, learned Counsel for the petitioner sought to withdraw the petition on the ground that the matter had been overtaken by events. He also submitted that the Respondent has not submitted to the jurisdiction of this court by filing a defence.
The prayer to withdraw the petition without any order as to costs met a strenuous objection from learned Counsel for the Respondent. She submitted that the course was meant to pre-empt the preliminary objection filed.