SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): Three motions on notice are up for consideration before this Court. The first motion on notice filed by the party seeking to be joined was dated 5/9/2008 and filed on 26/11/2008. The 2nd motion on notice also emanating from the parties seeking to be joined/appellants is dated and filed on 1/2/2010. The 3rd motion filed by the 1st Respondents is dated 17/6/2009 and filed on 18/6/2009. There are also two notices of preliminary objection filed by the 1st Respondent. The 1st notice of preliminary objection dated 20/1/2009 and filed on 22/1/2009 challenges the competence of the motion filed on 26/11/2008 while the 2nd one dated 15/2/2010 and filed on 17/2/2010 seeks the striking out of the motion filed on 1/2/2010 also for being incompetent or premature.
A brief history of the happenings that led to these series of applications was that the 1st set of Respondents (as plaintiff) instituted an action in the High Court of En…