EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The suit the subject of this appeal was commenced at the High Court of Rivers State with the following parties -
BETWEEN:
CHIEF OWITUBO O. ORUWARI- PLAINTIFF
(By his Attorney Chief Kenneth I. Briggs)
v.
1. ATTORNEY-GENERAL, RIVERS STATE
2. RIVERS STATE HOUSING and PROPERTY DEVELOPMENT AUTHORITY - DEFENDANTS
3. MRS. IRENE FUBARA MANUEL
On 14th July, 1988 the plaintiff filed motion on notice praying for leave to discontinue the suit against the Attorney-General of Rivers State. The court below accordingly struck out the Attorney-General of Rivers State from the suit.
On 10th September, 1990 an application was brought by Senibo Oruwari praying that "the name of Chief Owitubo O. Oruwari in the suit no. PHC/526/86 be substituted with that of his son, Senibo Oruwari and that the suit be prosecuted in the name of Senibo Oruwari as the plaintiff". The application was granted unopposed on 28th January, 1991 and it was "ordered that in the s…