OKAY ACHIKE, JCA (DELIVERING THE LEADING JUDGMENT): By his writ of summons, the plaintiff claimed three declaratory and one injunctive reliefs from the defendant. The plaintiff sought and obtained an interim injunction against the defendant restraining it from disposing of the plaintiff's property mortgaged to it pending the determination of the substantive motion on notice already filed in Court which the lower court had fixed for hearing on 21/5/91. The defendant was duly served the writ of summons and a motion on notice earlier mentioned. When finally the court was about to commence hearing the motion on 14/8/91, Mr. J. B. Daudu, learned plaintiff's counsel successfully prayed the court to strike out the name of the 2nd defendant. Thereafter, learned counsel for the defendant, T. K. Olaniyan, Esq. indicated that he had a preliminary objection to raise and it touched on the jurisdiction of the court. The import of the objection raised two issues, namely:
(a) question of obtaining le…