AMAMIZE
V.
S. I. O. INDUSTRIES LTD
STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Z.A. Smith. J of the High Court of Delta State, Asaba Judicial Division, delivered on the 6th October 2004 in Suit No. A/110/2004 CHIEF ROBERT O. AMAMIZE V. S.I.O. INDUSTRIES LTD in which he upheld the preliminary objection against the competence of the Suit.
At the lower court the Appellant as Plaintiff had taken out a writ of summons against the Respondent as Defendant followed by a statement of claim dated the 14th June 2004 and filed on the 15th June 2004 which is reproduced hereunder-
IN THE HIGH COURT OF DELTA STATE
HOLDEN AT ASABA
BETWEEN SUIT NO.A/110/2004
CHIEF ROBERT O. AMAMIZE .... APPELLANT
AND
S.I.O. INDUSTRIES LIMITED .... RESPONDENT
STATEMENT OF CLAIM
1. The Plaintiff resides at No.8 Tanimola Street, Ilasamaja, Lagos and is the beneficial owner of all that land and buildings thereon lying being and situate at No. 22 Nnebisi Road, Asaba, Delta State registered as No.2…