CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court delivered on the 28th March, 2012, by B. F. M. Nyako, J. striking out the suit filed by the Appellant at the lower Court for being incompetent and lack of jurisdiction on the part of the trial Court.
The background facts are that the Appellant had filed an application seeking the leave of the Court to amend its Originating Motion on 19th November, 2010. The motion was not objected to. In its Ruling of 27th January, 2011 the Appellant was granted leave to amend its originating motion. Thereafter, the appellant amended its Originating Motion on the 28th January, 2011. The 1st Respondent was said to have been served the said motion and participated in the proceedings without any objection to the amendment. Thereafter, the 1st Respondent had a change of mind so to say and filed a motion dated 17/11/11 praying the lower Court to strike out the suit on the ground of same b…