THE FEDERAL POLYTECHNIC IDAH V. ENG. AKOH SAMUEL ONOJA

ADEREMI, JCA (Delivering the Lead Judgment): In the court below, Federal High sitting at Lagos (Coram Auta J), the appellant who was the 1st defendant together with the 2nd and 3rd defendants (Dr. Y.W. Awodi and Mr. S.A. Ogunleye) by their application dated 7th October 1996 prayed the court below for the following two orders: declining jurisdiction to entertain the substantive suit No. FHC/ L/CS/1013/96 for reason of being incompetent for the non-fulfilment of the condition - precedent for the institution thereof as no writ of summons has been issued. OR ALTERNATIVELY striking out of the names of the second and third defendants (Dr. Y.W. Awodi and S.A.Ogunleye) from the substantive suit FHC/L/CS/1013/96 misjoinder, they having been sued in their private capacity.

In the second application dated 16th October, 1996, the present appellant together with the afore-mentioned two defendants sought an order for the transfer of the suit No.FHC/L/CS/1013/96 to the judge of the Federal High C…