AKPABIO, J.C.A, (Delivering the Leading Judgment): This is an appeal against a decision of Olike J. of the High Court of Anambra State of Nigeria holden at Awka in suit No. AA/163/95 made on 3rd April, 1996, wherein he adjourned to the 3rd June, 1996 the substantive suit between the parties placed on the "undefended list" and fixed for hearing on 29th November, 1995, after he had heard and ruled on a preliminary objection challenging the competence or the action, and the jurisdiction of his court to entertain the action.
In the said ruling the learned trial Judge, Olike, J., dismissed the preliminary objection of the defendants and set down the substantive suit for hearing on 3rd June, 1998 with no order as to costs.
The defendants being dissatisfied with that ruling of 3rd April, 1996 applied for leave of the trial court to appeal against same to the court of Appeal, Enugu.
The said leave was granted whereupon the defendants then applied still to the trial court for an order staying…