HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an Appeal by the Claimants/Appellants against the ruling of the High Court of Justice, Kwara State, holding at Omu-Aran delivered on 13/6/06 by Honourable Justice M. A. Akoja. The facts that led to this appeal are as follows:
The Plaintiff/Appellants on 28th February, 2006 took out a Writ of Summons pursuant to the Kwara State High Court (Civil Procedure) Rules 2005. Upon the receipt of the originating process by the Defendants/Respondents'. Counsel, a. conditional Memorandum of Appearance was filed for and on behalf of the Defendant/Respondents. Thereafter counsel to the Defendants/Respondents filed a motion on the 4th of April, 2006 asking the court to strike out the Plaintiffs' suit for lack of competence.The Writ of Summons was served on the Defendants/Respondents on 8/3/2006; the conditional memorandum of Appearance was filed on 13/3/06.
On 2nd May, 2006 the motion was argued by both counsel and ruling …