HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State delivered by Honorable Justice I. I. Kunda in Suit No PLD/J339/2012 on the 14th of July, 2017. The action in the lower Court was commenced by the Appellant, as plaintiff, against the Respondents, as first and second defendants respectively. The action was commenced by a writ of summons dated 15th of October, 2012 and which was subsequently amended with the leave of Court on the 15th of January, 2013. The action was commenced before late Justice A. N, Damdan and, upon his demise, the matter was reassigned to Honorable Justice I. I. Kunda.
Trial commenced and was concluded by the parties and they filed and adopted their respective final written addresses and the matter was adjourned for judgment. On the day fixed for judgment, the lower Court informed Counsel to the parties that it noticed that neither the original writ of summons nor the amende…