HELEN MORONKEJI OGUNWUMIJU, (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice A. A. Okeke of the Federal High Court sitting in Benin delivered on 26/7/2011. The facts that led to this appeal are as follows:
On the 21st April, 2011, the 1st respondent as the Plaintiff at the trial court commenced this suit by filing a Writ of summons, Statement of claim AND Written Statement on Oath without accompanying same with the documents he intends to rely upon and the List of his witnesses.
On the 20th May, 2011, the Appellants as the 1st and 3rd Defendants filed their Memorandum of Appearance, Statement of Defence and a Notice of Preliminary Objection to the suit.
On the 28th of June, 2011, the matter came up for the first time before the trial court for mention and having been informed of the Appellants' Notice of preliminary objection filed on the 20th May, 2011, the trial court adjourned the matter to 26th of July, 2011 for hearing of same and further or…