OGBUAGU, JSC (Delivering the Leading Judgment): These are another interlocutory appeals against the decisions of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 3rd June, 2002, allowing in part the appeal of the cross-respondent. While affirming the finding of the trial court in its ruling delivered on 15th July, 1996 that the issuance and service of the writ, was void, it substituted the dismissal of the suit with an order of striking out. It held that the Cross-appeal was purely academic and therefore, struck it out.
The appellant while appealing against the said order striking out the suit, the cross-appellant, is appealing against the order striking out its cross-appeal on the said holding that it is academic. The facts briefly stated are that the appellant who is/was the plaintiff in the trial court, on 4th January, 1996, instituted an action in the Undefended List against three defendants jointly and severally claiming the sum of $34,578.…