ESSIEN J (DELIVERING THE RULING): The defendants/applicant by a notice of preliminary objection dated 30th November, 2017 and filed on the 5th December, 2017 sought an order of this court striking out this suit on the grounds that the suit is incompetent and cannot activate the jurisdiction of this court because there has been no compliance with section 11(2) of the State Proceedings Law Cap 146 Revised Laws of Enugu State 2004 and Order 3 Rule 23(1) and (2) of the rules of this court 2017.
The preliminary objection is also founded on the grounds that the suit is incompetent for non joinder of necessary parties.
Also that the claimant is seeking a relief against a non party and that no reasonable cause of action is disclosed against the defendants/applicants.
The notice of preliminary objection is supported by a 33 paragraph Affidavit deposed to by Dr. Okechukwu G. Paul, the Registrar of the 1st defendant annexed to the Affidavit is Exhibits A, B and C.
Also in support is the written, add…