JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Ondo State holden at Akure delivered on 6th October 2013.
At the lower Court, the Appellant who is the defendant applied for an order dismissing suit No: AK/105/2013 before that Court on the ground that it constitutes abuse of Court process because the subject-matter and the parties are the same with the subject-matter of suit No:AK/350/20/2 pending in the same Court.
Paragraphs 4 a-e of the affidavit in support of the motion on notice reproduced immediately hereunder read as follows:
a. Apart from this present suit, the Claimant had earlier instituted suit No.AK/350/2012 against the Defendant.
b. The said suit No.AK/350/2012 is still pending at the High Court of Justice Akure.
c. The subject matter and parties in the said suit No.AK/350/2012 and that of this suit are the same.
d. The issues to be determined in both suits are the same.
e. Copies of th…