Facts:

The respondents as plaintiffs filed a suit at the Federal High Court Lagos seeking among other things an order of perpetual injunction against the appellant (defendant at the trial court). The appellants filed an application on 22nd September, 1995 praying the court to strike out the action on the ground that the Statement of Claim did not disclose a reasonable cause of action. The application was dismissed by the trial Judge on 12th June, 1996 on the ground that the plaintiffs Statement of Claim filed by the respondents contravened Order 31 Rule 1 of the Federal High Court (Civil Procedure) Rules 1976 as it was filed without an Order of Court.

The respondents then filed a new Statement of Claim after pleadings had been ordered by the court. The appellants filed their Amended Statement of Defence. On 27th January, 1997, the appellants filed a fresh application for an order “dismissing or alternatively striking out the plaintiffs’ Writ of Summons and Statement of Claim on the ground that the court lacks jurisdiction to hear the suit”. The respondents filed a preliminary objection to the hearing of the application on the ground that a similar application had been heard and determined by the court. The learned trial Judge dismissed the application on the grounds that the earlier application was similar to the later applications and therefore the issue could not be revisited and that since the appellants had filed a Statement of Defence and thereby joining issues with the plaintiffs/respondents the issues raised in the application could not be set down for argument. Dissatisfied with this ruling, the appellants appealed to the Court of Appeal. The Court of Appeal only heard the appeal on the latter ruling delivered on 8th October, 1998 which was before it and dismissed the appeal. The appellants further appealed to this Court.