CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the leading Judgment): The Appellant in this appeal had commenced proceedings at the lower court claiming the sum of N1, 400,000.00 as outstanding balance of the sum of N3, 500,000.00 which he had paid in respect of a property advertised for sale by the Respondents which sale failed; and interest thereon.
The matter was placed on the undefended list. Following a notice of preliminary objection raised by the Respondents that the 1st and 2nd Respondents were non-juristic persons and that there was no claim against the 3rd Respondent, the lower court heard arguments on the objection and in its ruling struck out the Suit on the ground that the Respondents were non-juristic persons. This appeal is against that ruling striking out the Suit.
Two Grounds of Appeal were filed which, without their particulars, read:
"(1) The learned trial Judge erred in law when His Lordship suo moto (sic) considered the issue of whether the Attorney-General…