MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of A. O. Ajakaiye, J. delivered on the 10th March, 2006 at the Federal High Court, Calabar.
On the 4th May, 2005, in Suit No. FHC/CA/CS/25/2005, the Respondents as Plaintiffs before the lower court issued an originating summons against the Defendant (now Appellant) in which the following question was submitted for determination:
"Whether having regard to the Constitution and Bye Laws of the Mount Zion Lighthouse Full Gospel Church Inc. as amended in 1993, the Defendant is qualified to be the President of the Mount Zion Lighthouse Full Gospel Church Inc?"
The Defendant (Appellant herein) through his Counsel filed a memorandum or appearance in protest on 11/5/2005 and followed it up with a Notice of preliminary objection on 12/5/2005 to the "hearing and adjudication of the suit" and urged the court to dismiss or strike out same for being grossly incompetent on the follo…