A declaration that the 1st defendant having taken over the 3rd defendant's debt/liability to the plaintiff to which the 1st defendant has part performed; is bound by law to honour and perform all obligations entered thereto.
iv.
Judgment in the sum of N 1.750 billion being the arrears of the N250 million monthly installment due to plaintiff and payable by the 1st defendant as per the agreement entered into by the parties.
v.
Cost of the action."
The plaintiff now appellant instituted the action in a representative capacity at the Federal High Court. The lower court on the appellant's motion ex-pane and the exhibit attached, granted the appellant leave to sue in representative capacity and made a preservative order on the 27th January, 2003 owing to the colossal amount involved. Upon the service of the lower court's said orders the 1st respondent filed an application dated 31st January, 2003 to discharge the ex-pane order and another application dated 3rd February, 2003 challenging the jurisdiction of the court. At the instance of the 1st respondent the matter was fixed for 5th February, 2003 but was refixed for 6th February, 2003 due to absence of counsel to 1st respondent in court. On the 6th February, 2003 the court ruled that the 1st respondent's application dated 3rd February, 2003 challenging jurisdiction of the court would be heard first, and the matter was adjourned to the 10th February, 2003 the date originally fixed for the hearing of the appellant's motion on notice. On 10th February, 2003 the 1st respondent's application dated 3rd February. 2003 challenging the jurisdiction was heard. The 1st respondent's counsel thereof by oral application urged the court to discharge the interim order made on the 27th January, 2003 on the grounds set out in the motion paper dated 31st January, 2003. The court adjourned to 19th February, 2003 for ruling on both applications. On 17th February, 2003, the appellant received hearing notice to hear the 1st respondent's application dated 14th February, 2003 seeking discharge of the ex-parte Order filed "this time" by the Attorney-General of Lagos State for hearing on 18th February, 2003. On the 18th February, 2003 the court held that the 1st respondent application of 14th February, 2003 filed by the Attorney-General is same as their earlier application dated 31st January, 2003 and therefore would not take argument on the application and by consent of counsel delivered its ruling whereof it discharged the preservative order on the ground of effluxion of time. The lower court specifically discharged its preservative order on the ground of effluxion of time.
Being dissatisfied with the decision of the Federal High Court, the appellant filed a notice of appeal.
