Facts:

The Respondent as Claimant filed the matter at the trial Court, claiming several reliefs against the Appellants as Defendants on the 18th of February, 2019. At the close of pleadings, after both parties had informed the Court that they had filed their last pleading that is on the 17th of August, 2021, the Trial Court adjourned the matter for pretrial. On the 15th and 20th of October, 2021, the Appellants filled their interrogatories and request for discovery respectively, brought pursuant to order 26 rule 8 of the High Court of Rivers State (Civil Procedure) Rules, 2010. The said processes were filed out of the time provided by the Rules of Court.

In opposition to the Appellants’ Interrogatories and Request for Discovery on Oath of Documents, the Respondent filed its Notice of Preliminary Objection dated the 17th November, 2021 seeking for an order discountenancing and/or striking out the Interrogatories dated 15th October, 2021 and Request for Discovery on Oath dated 20th October 2021 for being incompetent. In response to the Respondent’s Notice of Preliminary Objection the Appellants filed their Counter affidavit and Written Address and the Respondent also filed a Further Affidavit and Reply on points of Law. On the 8th of March, 2022 at the proceedings to adopt the Notice of Preliminary Objection both Counsels adopted their submissions as contained in their written addresses. Ruling was reserved to the 11th of April, 2022.