PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The Respondents herein, who were claimants at the Ekiti State High Court (hereinafter to be referred to as the lower court) by their writ of summons and statement of claim both dated and filed on the 23rd of December, 2011 set out several claims.
The Appellant as Defendant at the lower court filed his statement of defence on the 27th of January, 2012. Both statement of claim and the statement of defence were frontloaded in accordance with the relevant rules of the Ekiti State High Court Civil Procedure Rules, 2011.
By a motion dated and filed on the 20th March, 2012, the Appellant herein prayed the lower court to dismiss the claimants' suit on the ground that the claimants had failed to apply for the issuance of the pre-trial conference notice as in Form 17 and 18 of the Civil Procedure Rules of Ekiti State High Court. The motion was accompanied with a written address. This motion which was set down for hearing on the 21st …