As a procedural requirement the Plaintiff commenced its case against the Defendants by filing a Plaint. The Defendants filed their Written Statement of Defence (WSD) out of time without seeking the requisite leave of the Court. The WSD contained a counterclaim for which the Plaintiff failed to file a defence in time. The Defendants prayed for the judgment in respect of the counterclaim because of the failure to file a defence to a counterclaim in time. In response, the Plaintiff contended that the WSD that contained the said counterclaim had been filed out of time without the Court’s leave. To counter the Plaintiff’s contention, the Defendants argued that the Court had earlier on directed the Plaintiff to file a formal objection with respect to the late filing of the WSD but failed to do so. Therefore, as they argued, because the Plaintiff had not filed the formal objection as ordered by the Court, the objection must be taken to have been waived. In resolving this dispute, the Court investigated the history of the suit.