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The High Court dismissed a preliminary objection challenging joinder of the 2nd defendant and jurisdiction, holding both issues required factual proof.
The court held that the preliminary objection was not a pure point of law as it was based on a contractual clause and annextures, not on the pleadings alone. Even if it were a legal preliminary objection, parties cannot oust the court's jurisdiction by agreement, and the High Court retains unlimited original jurisdiction under the Constitution and relevant statutes. The Commercial Division's jurisdiction is not exclusive, and the case involves both commercial and tort claims that cannot be easily separated.
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