TOBI, J.C.A. (Delivering the Leading Judgment): There are two Suits in this matter. The first is Suit No. FHC/E/3/93. It was instituted by the appellant on 24th February 1993. The second is Suit No. FHC/E/5/93. It was instituted by the respondent on 20th May, 1993. All are pending at the Federal High Court. None of them is heard yet. Instead, motions are fielded. This is the vogue in our judicial system.
A substantive action 'enjoys' some rest in the case file while motions on it compete for some time. In most cases, they take quite a long time in the judicial process, and that materially adds to the congestion in the courts. The courts cannot complain because they have no jurisdiction to complain. After all, the enabling rules of the courts allow the filing of interlocutory applications. We have learnt to live with them. And so we live with them, though with some inconvenience at times.
The respondent, as applicant, in the court below filed two motions. The first was filed on 24th May …