OGBUAGU, JCA (Delivering the Lead Judgment): This is an interlocutory appeal by the appellant against the ruling of Kpojime, J. of the Benue State High Court sitting at Makurdi delivered on 23rd January, 2001, dismissing the notice of preliminary objection filed on behalf of the appellant praying that court to strike out the entire counter-claim of the defendant/ respondent as being incompetent.
The appellant was the plaintiff in Suit No. MHC/147/87 in which he sued the respondent claiming the sum of one million naira (N1M) as special damages for what he described as total failure of consideration. In reaction to the said suit, the respondent filed its statement of defence in which it counter-claimed. The appellant later withdrew his said suit which was accordingly struck out and he filed a statement of defence to the counter- claim, wherein, the said notice of preliminary objection was filed on his behalf The ground for the objection, is that the respondent who is under receiversh…