ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Anjor, J. delivered on 14th July, 2009 in suit No. HC/123/2009 wherein the preliminary objection raised by the appellants herein was dismissed. The brief facts of the instant appeal is as follows: The respondents herein were the claimants (plaintiffs) in suit No.HC/123/2009 which was commenced by means of originating summons at the High Court of Cross River State, holden at Calabar. The action was instituted on 7th April, 2009. The appellants were the defendants before the trial court.
At the trial court the respondents sought the following reliefs in the originating summons. They are:
"1. An order of specific performance of the terms of the MEMORANDUM OF UNDERSTANDING executed between the DEFENDANTS and Cross River State Government and dated 20th October, 2010.
2. An order compelling the Defendants to forward the list of all sub-contracts already awarded or yet to be …