MOHAMMED, JCA (Delivering the Lead Judgment): This is aninterlocutory appeal against the ruling of the High Court of Justice of Kaduna State sitting at Kaduna and delivered by Aliyu, J. on 11/5/2000 dismissing a preliminary objection raised on behalf of the defendants now appellants by their learned counsel to the hearing of the plaintiff’s now respondent’s claims by an originating summons by the trial court.
By an originating summons dated 29/3/2000 and filed at the trial court, the respondent as plaintiff commenced its action in that court in suit No. KDH/188/2000 against the appellants as the defendants and claimed the following reliefs:-
“1. An order granting the plaintiff/applicant writ of possession to all the h ouses and entire premises known as Hawad
International Schools Ltd. of No. 15 Gwari Avenue, Barnawa
G.R.A. Kaduna. 2. An order empowering the plaintiff/applicant to take possession and a further order of ejection of all persons and moveables that may be occupying part or t…