Court of Appeal · CA/A/123/2000 · 15 Nov 2001 · Nigeria ·
Ahmadu v. Gov., Kogi State (2002) 3 NWLR (Pt. 755) 502
DAHIRU MUSDAPHER, JCA (Presided) MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Read the Lead Judgment) ALBERT GBADEBO ODUYEMI, JCA
Core Terms Beta
learned trial judge
appointment of 3rd defendant
clear provision of section
appointment approval ordeposition of a chief
background facts of this case
briefs of argument
circumstances of this case
deposit of n15,000.00
governor of a person
high court of justice
kogi state high court
kogi state law no.
office of the chief registrar of the condition precedent
order of this honourable court
provisions of the law no.
resolution of the first issue
rules of this court
ruling of the trial high court koton
suit no. hcl
tice of prelimi nary objection
unambiguous meaning of section
way of preliminary objection
MUNTAKA-COOMASSIE, JCA(Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the trial High Court Koton- karfe, Kogi State delivered on 21st May, 2001.
The background facts of this case appeared to be straightforward, devoid of any serious conflicts. It is briefly stated thus:-
The 3rd respondent, who was the Chief - i.e. the Angankyu of Kakanda, Budon until his suspension from office by the 1st defendant, now 1st respondent. The 3rd respondent then as the plaintiff instituted an action before the High Court of Justice, Kogi State challenging his suspension. The defendants before that court were the 1st and 2nd respondents herein and the two appellants. Pleadings were duly exchanged. The matter was about to commence in earnest when the 3rd and 4th defendants therein filed a motion on notice to strike out the suit by way of preliminary objection on the ground that the action was incompetent.
The motion reads thus:-
An Order striking out the entire suit on t…
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