UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Cross River State sitting in Calabar delivered on 4th November, 2008.
The Appellant being dissatisfied filed a Notice and one Ground of Appeal on 30th January, 2009. The Appellant filed his Appellant's brief on 16th February, 2010 and articulated one issue for determination as follows:
Whether the parties and subject matter involved in third party proceeding in HC/415/2005 are the same with parties involved in HC/MSC.161/2005 as it relates to both the Appellant and first respondent.
The 1st Respondent's brief was filed on 18th March, 2010. In it, he gave a notice of his preliminary Objection which he argued on paragraph 2.0-2.17. The 1st Respondent also adopted the lone issue articulated by the Appellant.
Briefly, the facts of this case are that the Appellants had sued the 1st Respondent, Wema Bank plc, Assistant Inspector General of Police Zone 2, Lagos and Commi…