DETERMINATION OF MOTIONS 1.
Whenever any motion is filed in a matter before the Court, except it is withdrawn by the applicant, it shall be heard and determined by the Court. 2.—(1) Where there are multiple motions in a matter before the Court, the Court may consider taking the motions in order of filing and type, but may hear the motion that regularizes or saves the matter before taking that which may terminate the matter.
Provided that where there are many defendants in a matter before the Court and there is a multiplicity of Notice of Preliminary Objections either touching on ; (a) the jurisdiction of the Court to hear the matter ; or (b) the competency of the Court to hear the matter ; or (c) application of the statute of limitation the Court may hear the matter in the order listed paragraphs in (a), (b), (c) of this rule. (2) Where in matter before the Court, a defendant wishes to dispute the jurisdiction of the Court to entertain such a matter, the Defendant may by a motion on notice, and an affidavit disclosing the facts in support of the application with a written address, apply to the Court to hear and determine the motion. (3) Where an application made in line with provisions of sub-rule (2) of this rule, the Court may take such application together with the Claimant’s substantive suit. (4) A defendant making an application in line with the provisions of subrule (2) of this rule shall file along with the motion on notice a memorandum of appearance stating that he or she is appearing conditionally.