AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Anambra State (hereinafter referred to as "The Lower Court") delivered on 14th day of July 2004 by Iyizoba J., wherein she inter alia, held that there was no lis between the plaintiff/appellant and the present respondents who were some of the defendants thereat. The learned trial judge struck out the suit filed by the plaintiff/appellant also because the suit was unsustainable, academic, a futile exercise and that the complaint or claims made by the plaintiff were overtaken by event. Aggrieved by the decision of the lower court supra the appellant appealed to this court.
The facts of the case which gave rise to this appeal are briefly summarized hereunder. The appellant as plaintiff at the lower court, instituted an action by way of Originating Summons against the thirty two defendants who included Dr. Clement Chinwoke Mbadinuju, the then Governor of Anambra Sta…