IKONGBEH, JCA (Delivering the Lead Judgment): The primary question that we have to answer in this appeal is whether or not the learned trial Judge was right in holding that originating summons was, in the circumstances of the case, an appropriate mode of commencing the action before him. Following on this, if need be, would be the question whether or not the Judge was right in refusing to set aside the originating summons as prayed by the objectors.
The appeal was brought from the ruling of the Rivers State High Court, sitting at Port Harcourt, refusing to set aside the originating summons by which the plaintiffs/respondents herein had commenced their action. The appellants were the 2nd and 3rd defendants before the trial court. The 1st respondent was the 1st respondent while the 2nd - 7th respondents herein were the plaintiffs. The originating summons was couched in the following terms:
“LET
1. The Attorney-General of Rivers State
1. 2. Mr. Charles Dagogo
3. Chief Thompson Ibulubo with…