ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an Appeal brought to this court pursuant to the Ruling of Hon. Justice P. F. Olayiwola of the Federal High Court Enugu, delivered on 1st day of June, 2012.
The brief historical overview of the matter is that the Appellant vide Originating Summons dated 21/2/2008 commenced an action at the Federal High Court Awka against the 1st and 2nd Respondents. The 3rd Respondent was by Leave of the trial court joined as an interested party upon the Order of the Court dated 15/7/2008.
At the court of trial, pleadings were filed and exchanged by the parties. Written Addresses were also filed and exchanged. The learned trial Judge in a considered Ruling delivered on 1/6/2012 struck out the Suit No.FHC/AWK/CS/28/2008 on the ground that the trial court has no jurisdiction to entertain the suit.
The Appellant being poised with disagreement over the Ruling of the trial court is challenging the same vide Notice of Appeal dated 4…