SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of A.I. Iyayi, J; sitting at High Court of Justice, Rivers State, Port Harcourt Judicial Division,which was delivered on 27 June 2006. On 24 January 2003, the respondent had instituted in the trial court a writ of summons (PHC/115/2003) against the appellant, thereby seeking three distinct reliefs for a declaration, special and general damages, and an order of perpetual injunction. See pages 16 and 16A of the record ofproceedings of the trial court. On 10 February 2003, the respondent once more filed a second suit (PHC/587/2003) in the trial court against the appellant seeking only two prayers for a declaration, special and aggravated general damages. See pages 4-8 of the record.
However, on 15 March 2004, a notice of preliminary objection dated 27 January 2004, was filed, by Hon. Chiabu Onuobia of appellant’s counsel seeking the following relief:
“1. An order dismissing this present suit, that is, suit N…