1. There is no reason why the 2nd respondent did not file the application immediately the preliminary objection was declined when directions for the hearing of this matter were given on 13/2/2025, counsel for the respondent was in court. He did not ask for any kind of stay of proceedings pending filing of application like the instant one.
2. As to whether there was misjoinder or not is a matter that this court can handle in the judgment. Pursuant to the overriding objective of this court, I struck out the application. It is an abuse of the court process.
Dated, signed and delivered this 12th day of May 2025.
2. As to whether there was misjoinder or not is a matter that this court can handle in the judgment. Pursuant to the overriding objective of this court, I struck out the application. It is an abuse of the court process.
Dated, signed and delivered this 12th day of May 2025.