ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Obi, J. of Calabar High Court delivered on 20th March, 2000 in which the trial court overruled the motion on notice by way of preliminary objection by the appellant.
The brief fact of the case is that on 20th May, 1997, the respondents through their counsel Edet E. Okon, Esq. took out a writ of summons in the High Court, Calabar, seeking the following reliefs:
(a) A declaration that the defendant (present appellant) is not entitled to the judgment in suit No. C/70/79 delivered on the 12th day of May, 1992, same having been obtained by fraud.
(b) N2 million general damages and cost of the action.
Thereafter, the appellant brought an application on notice praying for the following orders:
(i) An order restraining the purported counsel Edet E. Okon, Esq. to the plaintiffs/respondents from appearing or representing the said plaintiffs/respondents in this action.
(ii) An orde…