PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling): The Appellant/Applicant herein by his writ of summons dated 24th of July 2000 and a statement of claim dated 17th July 2000, claims from the Respondents jointly and severally the sum of N3,100,000.00 (Three Million and One Hundred Thousand Naira) together with interest thereon at 21% per annum from February 1995 to judgment and final liquidation at the High Court of Lagos State (Henceforth to be referred to as the lower Court). While the suit was pending the 2nd Respondent filed a motion on notice dated 31st of May 2002 at the lower Court in which he prayed for the following reliefs: -
"1. An order striking out the second defendant's name from the Writ of Summons and such other places it appeared in this suit, for misjoinder/wrongly (sic) joinder of parties.
2. An order setting aside the Writ of Summons and statement of claim filed in this suit as it disclosed no cause of action against the 2nd Defendant herein."
This applicati…