MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, sitting in Calabar, Coram Hon. Justice I. E. Ekwo delivered on 26th day of March, 2018 overruling the appellant’s preliminary objection.
The 1st respondent as plaintiff at the lower Court took out a writ of summons and statement of claim filed on 11th December, 2015 seeking for the following reliefs jointly and severally against the defendants thereof:-
(a) A declaration that the 1st defendant’s failure, negligence or refusal to release the sum of N205,000,000.00 to the claimant as per the Central Bank of Nigeria/Bank of Industry’s guidelines on the disbursement of the Intervention Fund was unlawful and constitute a breach by the 1st defendant of the loan contract agreement and has rendered the loan agreement inoperative, null, void and of no effect howsoever.
(b) A declaration that the claimant is not indebted to the 1st defendant and or the Central Bank of …