PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision (Ruling) of the High Court of Cross River State, Calabar Division delivered by Honourable Justice F. Nnang Isoni on the 1/4/2014 dismissing the Appellants Notice of preliminary objection challenging the Writ of Summons on the grounds of non-Certification and improper service contrary to Order 8 Rule 2(3) and Order 12 Rule 2 of the High Court of Cross River State (Civil Procedure) Rules, 2008.
The brief facts of this case is that the Respondent instituted this suit via a writ of summons dated and filed on the 23rd January 2014 seeking to enforce the terms of three equipment lease agreement between it and the Appellants. The said writ was duly served on the 1st Appellant. On the 27th day of January 2014, the Appellants filed a joint memorandum of appearance and followed it up on the 20th February 2014, by filing a Notice of Preliminary Objection challenging the jurisdiction of …