UWANI M. A. AJI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of Hon. Justice Esther Inuwa of Kaduna State High Court in Suit No. KD/KAD/418/2008, delivered on 4/2/2009, wherein the Appellants motion seeking to set aside the 1st and 2nd Respondents writ of summons for want of issuance on the basis that it was not signed by the Registrar of the Court as required by the rules of Court, was dismissed by the learned trial judge.
The 1st and 2nd Respondents as plaintiffs' at the lower Court claims against the Appellant/Defendant as per Paragraph 19 of the statement of claim dated 18th September 2008 as follows:
a. A declaration that the 1st plaintiff is the beneficial owner of the plot of Land Lying and situate at No. 6 Road 'N' on TPO 460A, extension of light industrial layout, Tudun Wada, Kaduna covered by Certificate of Occupancy no. KD. 901 dated 27th June 1998 and the 2nd Defendant has a subsisting equitable interest over the said plot of Land by virtue of…