CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Akanbi J of the Federal High Court Lagos in suit No FHC/L/CS/1031/2004 delivered on the 16th day of February 2009 granting the 1st Respondent leave to file a written address in opposition to the Appellant's Preliminary Objection dated 22nd October 2008. By a Writ of Summons and Statement of Claim dated 9/11/04 and filed on the same day, the 1st Respondent as Claimant sought against the other Respondents in this Appeal as well as the Appellant as the 8th Defendant certain Declaratory reliefs, Orders and Injunctions with respect to an alleged interest in Lekki Inland Foreshore (Ebute Imoba) of Lagos State Lagoon.
On 11/3/08, the Appellant filed a Notice of Preliminary Objection challenging the jurisdiction of the Court. On 22/10/08, the Notice of Preliminary Objection was struck out due to failure of the Appellant to file a Written Address in support of the Preliminary Objection. Th…