UWA J.C.A. (Delivering the Leading Judgment): This appeal arose out of the ruling of the Federal High Court sitting in Abuja of 10/3/03 (the trial court), adjourning the matter sine die until the determination of the suit at the Federal High Court, Lagos and the Court of Appeal, Lagos Division.
Briefly, what gave rise to the ruling or order of adjournment sine die is that on the 13/03/2001 the respondent filed a winding up petition dated 28/02/2001 with a verifying affidavit dated 01/03/01 deposed to on 13/03/01 at the trial court. By an order made on the 25/03/2001, First Continental Insurance Company Limited was ordered to be wound up by the learned trial Judge. The appellants on 16/09/2002, entered appearance through their counsel, on the same day also filed a counter affidavit to the respondent's motion dated 18/05/2002. They also filed a preliminary objection to the motion and suit on the same day, 16/09/2002 with its supporting affidavit disclosing the pendency of Suit No. FHC/8…