FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Edo State sitting in Benin City, Edo State delivered by V. O. EBORIEME, J on the 21- 6-2012 wherein the Court struck out the name of the 2nd Respondent who had earlier on been joined as a Party (2nd Defendant) by the orders of Court pursuant to an Application to that effect made by the Appellant as Defendant and decided on the 9-2-2012, sequel to a Notice of Preliminary Objection moved by 2nd Respondent.
The 1st Respondent herein as Claimant had brought this Suit against the Appellant as Defendant (Seen at pages 1 to 12 of the Records of Appeal) making monetary claims and general damages against the Appellant as follows:
WHEREOF the Plaintiff claims against the Defendant as Follows;
(a) An Order of this Honourable Court mandating the Defendant to pay the Plaintiff the sum of 4,494,050.00 (Four Million Four Hundred and Ninety-Four Thousand Fifty Naira) only being the c…