The Appellants herein were aggrieved by the decision of the trial Court hence this appeal. They argued that the Honourable Trial Court erred in law and in fact in not holding that Commercial case number 53 of 2015 was not a summary suit; the Honourable Trial Court erred in not holding that from the statements appearing in the plaint the suit was barred by law to be designated as a summary suit. That the Honourable Trial Court erred in law and in fact in not holding that there was no statement appearing in the plaint constituting the suit that obliged the 2nd and 3rd applicants to be sued summarily. That the Honourable Trial Court erred in law and in fact in entering a summary judgment founded on failure of natural justice and blatant breach of procedures relating to resolutions of issues of law and facts. The decision of the High Court (Land Division) (sic) is otherwise faulty and-wrong in law in that it is founded on an order that was pre-maturely issued by the Court without considering that what was before the Court was not an application but a preliminary objection.

