Facts:

The plaintiff, Pavilion Motors Ltd, by a 32-paragraph statement of claim dated and filed on the 24th of March, 2017, seeks reliefs against the defendants jointly and severally. The claims arise from transactions involving the delivery of several units of motor vehicles to the 1st and 3rd defendants between 2008 and 2009. The plaintiff alleges that, despite delivery in good condition, the sum of ₦26,540,000.00 remains unpaid as the balance for the vehicles delivered. The plaintiff also claims interest on the judgment debt at a monthly rate of 25%, in line with Central Bank of Nigeria guidelines, from the 30th of September, 2009, being the date of the last transaction until the judgment debt is fully liquidated. Additionally, the plaintiff seeks the cost of the action and prays the court to grant all reliefs claimed.

Upon receipt of the plaintiff’s statement of claim, the defendants filed a joint statement of defence dated the 5th of April, 2017, accompanied by a five-page joint witness statement on oath deposed to by Mr. Solomon Nwachukwu Onwukobi. In response, the plaintiff filed a reply to the 1st to 3rd defendants’ joint statement of defence and a defence to the counterclaim, dated the 6th of April, 2017, to which relevant documents were attached.

The defence counsel submitted that the plaintiff made no specific claims against the 2nd defendant, Obamark Investment Limited, either in the writ of summons or in the statement of claim. The pleadings, according to the defence, clearly indicate that the claims are directed solely at the 1st and 3rd defendants. Moreover, the exhibits tendered by the plaintiff, particularly the Claimant’s Notice (tendered through PW16), made no reference to the 2nd defendant. As no notice of claim was served on the 2nd defendant and no reliefs sought against it, the defendants argued that the court lacks jurisdiction to entertain or grant any claims against the 2nd defendant.