AGORO
V.
HON. MINISTER OF FCT & ORS
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. …