(2018) JELR 39110 (CA)    

Court of Appeal  ·  CA/A/210/2009 ·  6 Mar 2018 ·  Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
trial court
statement of claim
writ of summons
cause of action
2nd respondents
trial judge
5th may
transferred case
preliminary objection
7th may
federal high court abuja
limitation act
local government
laws of the federation of nigeria
ltd vs. omolaboye
subsisting order
2nd respondent
case file
correct order
different actions
different periods
federal capital territory abuja
grant of the land
high court of the fct
high court of the federal capital territory
instant case
minister of the federal capital territory
ministry of federal capital territory
oyeniya vs. familus
plaintiff alhaji h. jaiyeola agoro
present appellant
recovery of land
ruling of the high court of justice
said court
statute of limitation
suit no. fhc
suit of the appellant
transfer of the suit
trial judge ought

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Ruling of the High Court of Justice of the Federal Capital Territory Abuja, delivered on the 23rd October 2008, wherein the said Court dismissed the Suit of the appellant, who was the plaintiff. The High Court of the FCT dismissed the suit on the ground that it was statute-barred.

A suit No. FHC/ABJ/CS/23/99 was instituted at the Federal High Court Abuja, by the plaintiff Alhaji H. Jaiyeola Agoro against the Minister of the Federal Capital Territory, Ministry of Federal Capital Territory and Captain Hembah (the respondents in this appeal), on the 10th of February 1999. Whilst the suit was pending at the Federal High Court, the plaintiff Jaiyeola Agoro died and an application was filed to substitute the present appellant, for the deceased Jaiyeola Agoro. The application was granted by the Federal High Court. Later on, it transpired that the Federal High Court has no jurisdiction to try the Suit. …

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