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…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…

…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…

…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…