IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice, Kwara State delivered by Hon. Justice J.F. Gbadeyan on 26th March, 2009 at the Ilorin Judicial Division; wherein he declined jurisdiction and struck out the Appellant's case. Dissatisfied with the decision of the learned trial Judge, the learned counsel for the Appellant R.O. Balogun Esq. filed a Notice of Appeal with three grounds on the 20th of April, 2009.
The facts of the case as stated by the Appellants are that in the lower court they claimed by their Writ of Summons and Statement of Claim various sums of money on various heads comprising special damages for items burnt by inferno; sum required for reconstruction of workshop razed down by the fire incident; loss of use and earnings from the burnt workshop, monthly payment from the Defendants from 20th August, 2007 until Judgment was delivered; Solicitors professional fees or cost of the suit, General …