HARUNA SIMON TSAMMANI, J.C.A., (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of P. O. Nnadi; J of the Imo State High Court. Suing at Owerri delivered on the 27th day of April, 2009 in Suit No. HOW/302/2003, wherein the learned trial judge granted leave to the 1st Respondent as Plaintiff to join the Appellant as Defendant in the said suit.
The 1st Respondent had taken out a Writ of Summons against the 2nd and 3rd Respondents dated the 04/11/2003 and filed the same day. He subsequently filed a Statement of Claim which was subsequently amended by leave of the trial court on the 25/9/2006. The said Amended Statement of Claim is dated the 06/11/2006 and filed the 22/11/2006. Therein, the 1st Respondent as Plaintiff claimed at paragraph 24, as follows:
(a) N50,000,000.00 (Fifty Million Naira) as damages.
(b) An Order compelling the defendants to discharge and to release the Plaintiffs Certificate of Occupancy and property title document No. 39 at page…