ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the ruling of the Ogun State High Court, Abeokuta delivered on 20th May, 2010 by Hon. Justice O, O. Olopade in respect of notices of preliminary objection filed by the appellant (as 3rd defendant) and 2nd, 3rd, and 4th respondents as 1st, 2nd and 4th defendants in Suit No. AB/61/2008
A synopsis of the facts giving rise to this appeal is hereby made as follows: The 1st respondent as plaintiff by a concurrent writ of summons and statement of claim dated and filed 26th February, 2008 instituted an action in the lower court against the appellant the 2nd, 3rd, 4th respondents and Phillip Morris International as defendants. The plaintiff's claim against the defendants included inter alia declaratory and injunctive reliefs, special and general damages in billions of Naira for the manufacture and marketing of tobacco related products which posed health challenges to a sizeable population of the citizens who s…