RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The plaintiffs are the respondents in this appeal. The defendants are the appellants. The plaintiffs sued the defendants on an Originating Summons for Declarations and an injunctive relief.
The suit came before Hon. Justice SJ. Adah of the Federal High Court, Abuja Judicial Division.
The defendants filed a preliminary objection seeking an order dismissing the Suit for lack of jurisdiction, and their learned counsel insisted on his preliminary objection being heard first. S.J. Adah J, thought otherwise and on 22/6/05 ordered that the preliminary objection and the substantive matter shall be heard together.
Dissatisfied with the order of the learned trial Judge the defendants, now as appellants quickly filed a notice of appeal on 29/6/05. Thereafter, both sides proceeded to file multiple applications, and so on 11/5/06 we ordered counsel to file written addresses on all the motions/applications/processes pending before us.
For cla…