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ANIOCHA NORTH LOCAL GOVT. COUNCIL & ORS
V.
EZE

(2016) JELR 40809 (CA)

Court of Appeal 30 Nov 2016 Nigeria
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Case Details

Suit Number:CA/B/60/2015
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:F. N. Njiokwuemeni, Esq. For Appellant K.O. Ijatuyi, Esq. For Respondent

BOLOUKUROMO MOSES UGO J.C.A.(Delivering the Leading Judgment): This appeal is against the ruling of the Delta State High Court of 1/12/2015 in Suit No HCI/5/2009 dismissing the application of the appellants to strike off the names of 2nd and 3rd appellants from the said action for want of jurisdiction. Appellants are defendants in that action instituted by the respondent in which he claimed against them damages for alleged destruction of his cattle ranch. The appellants grounds for the application were basically two-fold as follows:

1. That 2nd appellant was not served the originating processes in the suit and so the Court had no jurisdiction over him.

2. That the respondents action did not disclose any reasonable cause of action against 2nd and 3rd appellants as they were agents of the 1st appellant, a disclosed principal who alone is in law responsible for their actions and could be sued.

The application was brought in 2015 even as the action was filed six years earlier in 2009 and the…

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