ADZIRA GANA MSHELIA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State delivered by Pedro J. on 26th June, 2008 wherein the Defendant/Appellant's 1st further counter-affidavit to the claimants/respondent's originating summons was struck out on the ground that same is alien to the Rules.
The claimants/respondents commenced an action at the High court of Justice Lagos State by way of originating summons dated 18th July, 2006 claiming declaration and damages against the Defendant/Appellant. In response, the Defendant/Appellant entered appearance and filed a 39 paragraph counter affidavit dated 18th July, 2007. The Claimants/Respondents on 15th October, 2007 filed a further affidavit in support of the originating summons. Thereafter the Defendant/Appellant filed a 1st further counter-affidavit opposing the claimants' originating summons dated July 18, 2006. The Claimants/Respondents filed a Notice of Preliminary Objection dated …