SANUSI JCA (Delivering the Lead Judgment): This appeal is against the ruling of honourable Justice Aisha A. L. B. Bwari of the Niger State
High Court, sitting in Minna (hereinafter to be called “the trial court”) , delivered on 25 March 2010, wherein the learned trial judge struck out the case of the plaintiff/respondent and held inter alia
“However, in as much as I find this preliminary objection meritorious, the proper order to make at this stage of the matter is not a dismissal of the case but one of striking out....” The brief facts of this case as can be gleaned from the records is that the respondent herein, as plaintiff in the trial court took out a writ of summons on 30 April 2009 against the appellant/defendant claiming the following reliefs:
(a) N52,800,000.00(filly-two million eight hundred thousand naira), being the principal sum invested by him.
(b) 10,000 United States Dollars principal sum invested by him.
(c) Interest on (a) and (b) at 50% per 30 days from date of inve…