C. M. CHUKWUMA-ENEH. J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Calabar Judicial Division (CORAM: Edem J.) delivered on 8/4/2004 dismissing the preliminary objection of the applicant (appellant) wherefore the applicant has challenged the trial court's jurisdiction to hear an application to relist Suit No. HC/230/2000, which earlier had been dismissed upon the applicant's (appellant's) application as an abuse of court process.
Aggrieved by the decision the applicant (appellant) has appealed the decision by filing a notice of appeal containing 3 grounds of appeal. In the appellant's brief of argument filed in the matter he has formulated 2 issues for determination and I set them as follows:
"(a) Whether the order of dismissal made by the trial Judge after hearing both parties was a final order and therefore on merit.
(b) Whether the trial court was functus officio in respect of the said after dismissing the suit and whether the cour…