In this application, the learned Counsel for the respondent
raised a two-point preliminary objection against the application. When this
application was called for hearing the learned Counsel for the applicant
conceded to the preliminary objection. He prayed that the application be struck
out but with no order as to costs. The issue before the Court was whether or
not the preliminary objection having been conceded by the party should be
struck out with or without.

