CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal emanated from the decision of the Federal High Court sitting in Yenagoa (hereinafter to be known as the lower/trial Court) per I. E. Ekwo J. and delivered 20th June, 2014 whereby he struck out the defendants preliminary objection and assumed jurisdiction to entertain suit No. FHC/YNG/CS/55/2011.
BRIEF STATEMENT OF FACTS
The plaintiffs at the lower Court (hereinafter the 1st set of respondents), commenced the action against the appellant who at the lower Court was the 1st defendant alongside the 2nd defendant (Homan Engineering Co. Nig. Ltd. or 2nd set of respondent), claiming as follows:
1. A declaration that the plaintiffs are entitled to the total sum of N23,739,500.00 (Twenty Three Million, Seven Hundred and Thirty Nine Thousand, Five Hundred Naira) as compensation for loss of income from Amebeya stream and an order directing the defendants to pay the plaintiffs the said sum.
2. An order dire…