<p><strong>AYOBODE OLUJIMI LOKULO-SODIPE, JCA</strong> (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 29/6/2010 by the High Court of Edo State holden in the Benin Judicial Division at Benin City (hereafter simply referred to as &quot;the lower court&quot;) presided over by Hon. Justice Oseyi Okojie-Oigbokie (hereafter simply referred to as &quot;the learned trial Judge&quot;). In its ruling the lower court made an order relisting the ruling delivered in this Suit on 21/1/2010, for the purpose of setting it aside for reason of being a nullity and duly proceeded to set aside the said ruling of 21/1/2010.</p><p> The events leading to the order made by the lower court in its ruling of 29/6/2010 are that the Respondents as Plaintiffs before the said court commenced an action against the Appellant and another, by a Writ of Summons. A joint Statement of Claim dated 20/2/2009 accompanied the Writ of Summons. The reliefs claimed by the Respondents jointly and severally, as set out in the Statement of C…</p>