The Appellant sued the Respondents for payment of a sum of USD 71,400 or its equivalent in local currency. The Respondents raised two preliminary points of objection to the effect that the suit was hopelessly time barred and that the court lacked jurisdiction to entertain the matter. The presiding Judge upheld the first preliminary point of objection and, consequently, the suit was dismissed for being filed outside the time prescribed by the law. The Appellant was aggrieved and filed a memorandum of appeal.
The Respondents raised preliminary points of objection that the Record of Appeal was grossly incomplete and incurably defective as it did not have valid copies of the Ruling, the Decree and Proceedings of the trial court. They also stated that the Record of Appeal was defective for incorrect nomenclature of the parties to the appeal where the Respondents to the Appeal are erroneously and inconsistently referred to as Defendants.