SALAMI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Ukeje, C.J. of the Federal High Court, delivered on 22 January 2007, dismissing the first defendant’s notice of intention to rely on a preliminary objection.
The plaintiff took out a writ of summons seeking the following relief
“1. A declaration that the second and third defendants acted ultra vires in granting leave to the first defendant, to enter Nigeria by granting him to wit a visa/work permit and residence permit and the said immigration privileges granted to the first defendant are consequently unlawful, null and void.
2. A declaration that the first defendant’s entry into Nigeria was obtained by fraud, to wit non-disclosure of material facts underlying his previous contract with the plaintiff company.
3. Specific performance of employment contract of the first defendant with the plaintiff.
4. ₦20,000,000.00 as damages against the first defendant for a breach of contract.”
The first defendant’s not…