MUHAMMED LAWAL SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of High Court of Cross River State sitting at Calabar Judicial Division (Corum) Imelda B. Etape J, delivered on 21st day of February 2019 wherein the learned trial judge entered judgment in favour of the respondent herein and struck out the appellants’ counterclaim for being an abuse of court process.
Dissatisfied, appellants appealed to this court through a notice of appeal filed on 29/3/2019. By leave granted on 16/6/2020, appellants have amended their notice of appeal and the extant amended notice of appeal contain eight (8) grounds of appeal.
Briefs of argument including appellants’ reply brief were exchanged by the parties in accordance with the rules of this court. The appellants nominated four issues for the determination of this appeal while the respondent adopts the four issues nominated by the appellants. In addition, the respondent raised a preliminary objection seeking for an…