CHIOMA NWOSU-IHEME (Ph.D) (JCA) (Delivering the Leading Judgment): The Respondents as Plaintiffs at the Trial Court claimed against the Appellants as Defendants through a writ of summons issued on the 9th of August, 2000 seeking declaratory reliefs, injunction and an order of forfeiture.
In a considered Ruling delivered by Emilia Ibok, J, of the Calabar Division of the Cross River State High Court on the 6th of November, 2014 in suit No. HC/318/2000 dismissing the application of the Appellants praying that the suit be dismissed for constituting an abuse of court’s process. This appeal revolves round the said Ruling.
SUMMARY OF RELEVANT FACTS:
By a writ of summons issued on the 9th of August, 2000, the Respondents filed this suit as Plaintiffs against the Appellants as Defendants at the trial court. Their claims as per their amended statement of claim at pages 60-68 of the Record of appeal are for Declaration, An order of forfeiture and perpetual injunction. The suit which was filed in t…