(2012) JELR 40064 (CA)    

Court of Appeal  ·  CA/B/139/2005 ·  15 Nov 2012 ·  Nigeria
GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
grounds of appeal
delta state high court
federal high court
lower court
agency of the federal government
competence of the action
joint statement of claim
senior counsel
submission of counsel
suit no. ehc
abuse of the process of this honourable court
adh ltd v.
causes of action
challenge of the ratio of the decision
civil cases
cross appellant
entire case
federal ministry of petroleum resources
following issues
following relief
honourable court
honourable court lacks jurisdiction
invocation of the preliminary objection
issue no.
kyari v. alkali
laws of the federation of nigeria
leading judgment
learned author of bullen
mandatory order
notice of appeal
public protection act cap
question of lack of jurisdiction
respect of an appeal
ruling of delta state high court
ruling of the lower court
services of the defendant
such inadequacy
tunde oyebanji awotoye
virtue of the above section
v. nwukor

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of an appeal by the Appellants and the cross-appeal by the Cross-Appellants against the Ruling of Delta State High Court delivered on 25/6/04 by R.N. Pemu J (as she then was).

The Appellants were the Plaintiffs at the court below. The Plaintiffs by paragraph 20 of their joint Statement of Claim claimed jointly and severally against the Defendant (now the Respondent/Cross Appellant) as follows:

"1) "A mandatory order that the Plaintiffs having been regularly retired from the services of the Defendant are entitled to their retirement benefits.

2) An order of Perpetual Injunction restraining the Defendant, its privies, assigns and agents from withholding, disturbing and or tampering with the retirement benefits of the Plaintiffs therein."

The Defendant by paragraph 4 of its Statement of Defence challenged the competence of the action thus:

"(a) The Defendant shall before or at the trial cont…

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