NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the learned trial Judge, Edem J. of the High Court of Justice, Akamkpa Judicial Division, Cross River State, on a preliminary objection.
The Respondent herein, as plaintiff in the Court below, sued the appellant and one other as defendants claiming damages for breach of contract. Upon service of the writ of summons on them the defendants entered appearance under protest. In pursuance of their protest the defendants filed a notice of preliminary objections on four grounds. (See pages 60 to 62 of the records) At the hearing of the preliminary objections learned counsel for the defendants withdraw prayers 1 to 3 and grounds 1 and 2 of his notice of preliminary objection, leaving the last two reliefs and last two grounds. The two reliefs are:
1. An order of the Court striking out the 2nd defendant as party in this suit for want of privity of contract.
2. An order of the Court strik…