AKPABIO, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against a decision of Keazor, J. of the Anambra State High Court, holden at Onitsha in suit No. 0/164/98 delivered on 15th July, 1999, wherein he overruled the preliminary objection of the defendants that the suit of plaintiff did not disclose a cause of action. Although it was pleaded in the statement of claim and also argued in the course of the objection that the same matter had already been pronounced upon by the Supreme Court in an earlier suit No. SC. 299/19991 delivered on 16th December, 1994, that did not however appear on the motion paper or notice of preliminary objections and the learned trial Judge also did not pronounce on it. The full notice of preliminary objection filed by the defendants at the court below, who are now the appellants in this court read as follows:-
“Notice of preliminary objection brought under section 6(6)(b) of the 1979 Constitution as amended by Decree 107 of 1993 and section 3 and 1…