It was argued that there was no indication that the school was dully registered for it to enjoy any legal status. And that it was not known whether it was a public or private school. As such, no defamation could be claimed in respect of an entity not in existence.
Therefore, the court upheld the first objection.
As regards the second objection, it was argued that the plaintiffs had no capacity to sue since they had never served a statutory notice to the defendant.
The court found that the second and third plaintiffs did not appear on the notice. Only the first plaintiff was indicated. Therefore, they could not claim on a suit they were not party to. This objection was also upheld.
Accordingly, the suit was struck out with costs to the defendants.