ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Abia State in suit No.HUK/51M/2008, delivered on 14/5/2009 by Hon. Justice C. O. Onyeabo, wherein the trial Court dismissed the preliminary objection raised by the Appellant at the Court below that the suit disclosed no cause of action.
The plaintiff (Appellant herein) had on 2/10/08 filed an ex-parte application seeking an order of mandamus compelling the Respondent to register its (Appellant's) 100 Oil wells, comprising four flows stations, situate at Ukwa East Local Government Abia State. The exparte application was granted, for the Appellant to apply for the said order of mandamus. Upon the Respondent being served with the Court processes, he filed a notice of preliminary objection dated 27/10/2008, challenging the jurisdiction of the court to entertain the suit on the following grounds:
(1) The suit was not properly constituted as applicant was not a juristic person.…