JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of High Court of Kaduna State delivered on 16th November 2016, Coram: E.Y. Lolo, J. Not satisfied with the ruling, the Appellants who were Applicants in an application which sought the striking out of the name of 2nd defendant in the substantive suit filed an appeal to this court having obtained leave of court to do so. The Ruling can be found on pages 88-89 of the record of appeal, while the notice of appeal is on pages 112-114 of the record of appeal.
The lone ground of appeal reads:
The learned trial judge erred in law when she held that the filing by Appellants of a motion on notice and counter affidavit to respondent suit is an abuse of court process.
PARTICULARS
1. The motion on notice was filed for the court to determine whether the 2nd Appellant is a necessary party to be sued in the case.
2. The counter affidavit was filed as defence to respondent application for summary judgment.
3. T…