ELECHI JCA: (Delivering the Lead Judgment): This is an appeal against the Ruling of the High Court of Cross-River State sitting at the Calabar Judicial Division presided over by hislordship, Elias O. Abua, delivered on 31 March 2014 in suit No. HC/245/2013. The learned trial judge dismissed the appellant’s motion on notice seeking to dismiss the suit of the 1st-6th respondents on grounds that the said suit constituted an abuse of court process.
On 29 November 2013, the appellant filed a motion on notice seeking for an order to dismiss suit No .HC/245/2013 for constituting an abuse of court process of the honourable court.
It was the contention of the appellant counsel that the said suit of the 1st-6th respondents on similar suits on the same subject matter and against the same defendants had been struck out and dismissed by the court.
The respondents filed a counter-affidavit in opposition on 23 December 2013 and a written address. A lone issue of whether suit No.HC/245/2013 filed after …