MOBIL PRODUCING (NIG.) UNLIMITED V. MR. DENNIS EFFIONG ETUKUDO

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Interlocutory Ruling of Mbaba J. of the High Court of Akwa lbom state, Eket delivered on 15/2/2010 in suit No.HEK/6/2008. The parties filed and exchanged pleadings with the Defendant amending its Statement of Defence and the Plaintiff allowed to file consequential amendment to his Statement of Claim. Thereafter the Plaintiff testified and tendered 20 Exhibits. The matter was then adjourned for cross-examination. It was at this stage that the defence filed a motion on notice praying for "an order striking out the suit herein on the ground that the action is not properly constituted and the Honourable Court lacks jurisdiction to entertain the same in that the Plaintiff is not the proper party to initiate, commence or institute the suit and consequently has no cause; or right of action against the Defendant."

In his Ruling dismissing the preliminary objection on 15/2/2010 the learned trial Judge …