MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment):
This is an appeal against the ruling of the High Court of Cross River State sitting in Calabar delivered by Hon. Justice Michael Edem on 11th December, 2015 refusing the defendant’s application to strike out the suit.
The appellant as claimant before the lower Court commenced a civil suit claiming against the defendant as follows:-
i. A mandatory order compelling the defendant to refund the sum of N1,650,000.00 (One Million, Six Hundred and Fifty Thousand Naira) only to the claimant, same being the total amount of contributions the claimant made to the defendant.
ii. The sum of N1,000,000.00 (One Million Naira) only for breach of contract.
iii. General damages of N5,000,000.00 (Five Million Naira) only.
iv. 10% post-judgment sum until final liquidation.
v. Cost of litigation assessed at N500,000 (Five Hundred Thousand Naira) only.
On being served with the originating process, the defendant filed a conditional appearance and th…