MUSA DATTIJO MUHAMMAD, (OFR) J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Rivers State High Court presided by Agumagu J. The ruling was delivered on 23rd December 2008. The appeal raises a very narrow issue, to wit, whether a court can make for parties before it a case other than the one the parties approached the court to resolve. The background facts leading to the ruling appealed against are recounted herein immediately.
The appellant commenced suit No.PHC/609/2007 at the lower court claiming against the respondents special and general damages for the breach of contract between the two. He filed his statement of claim. The respondents did not file their statement of defence. Instead, they filed series of applications including a Motion on Notice dated 13th but filed on 31st August 2007 and a Notice of preliminary objection dated and filed on 3rd October 2007. Whereas the motion dated 13th but filed on 31st August sought the dismissal of the…