TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos State High Court, sitting in the Lagos Division delivered on the 4th October, 2002 Oyefeso J, in suit No: LD/1189/2001.
The Respondents in this appeal as Plaintiffs at the lower Court filed Suit No. ID/1148A/2000 against the Appellant as Defendant. While the suit was still pending, the Appellant filed a separate suit, Suit No. ID/1189/2001 before the Lagos State High Court against the Respondents in respect of the same facility which was the subject matter of litigation in the pending suit ID/1148A/2000. The Respondent filed a Motion on Notice dated the 20th May, 2002 wherein he sought for an order of the lower Court to strike out/dismiss the suit for being an abuse of the process of Court, the said motion is at pages 105-107 of the Record of Appeal. The Appellant filed a Counter-affidavit to the motion dated 20th May, 2002/5, the counter affidavit was filed on the 27th day of …