MUHAMMED LAWAL SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against an interlocutory decision of the High Court of Cross River State, sitting at Calabar, delivered on 16th February, 2018. The defendant, now appellant vide a notice of preliminary objection filed on 20/7/2017, prayed the lower court for the following:-
An order striking out suit NO. HC/288/2014 for reason of its being incompetent before this honourable court.
An order setting down suit No. HJ/56/95, which was consolidated with Suit No. HJ/4/96 (now HC/288/2014) by the order of the Honourable Court of Justice, sitting at Ogoja for hearing.
And for such further orders as this honourable court may deem fit to make in the circumstances of this case.
The grounds upon which the application was predicated are –
(a) The condition precedent to the institution of the action was not fulfilled by the claimant/respondent before instituting the same.
(b) That the writ of summons and the amended writ of summons in this su…