EDOZIE, JCA (Delivering the Lead Judgment): By a specially endorsed writ of summons dated 20th November, 2000 to which was endorsed a 22 paragraphed statement of claim and filed at the High Court of Cross River State of Nigeria, Obubra Judicial Division, as suit No. HB/60/2000, the appellant herein as plaintiff commenced an action against the present respondents as defendants claiming certain monetary and declaratory reliefs in respect of a Nissan Vannette bus which the appellant claimed he bought from the 1st respondent but was subsequently seized by the police at the behest of the 2nd respondent to whom the bus was released.
Upon being served with the said writ of summons, the learned counsel to the 2nd respondent filed a “notice of preliminary objection” dated 11th
December, 2000 indicating that at the hearing of the suit, he would apply to the court to strike out the action as against the 2nd respondent as no cause of action was disclosed against him the 2nd respondent. Arguments …