(2008) JELR 49452 (CA)    

Court of Appeal  ·  CA/C/18/2007 ·  19 May 2008 ·  Nigeria
NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria T. N. ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Core Terms Beta
preliminary objection
rvl motors
fair hearing
high court rules
juristic person
english rules
honourable court
lower court
managing director rvl motors
name of the defendant
reasonable time
statement of claim
trial court
adoption of the principle of audi alteram partem
audi alteram partem
brief of argument
cases of persons
chief victor odili
civil suit
director of a business
favour of the respondent
federal high court
general manager g. p. ltd.
general rule
high court law cap
jean omokri
laws of cross river state
leading judgment
learned trial judge
limited liability company
mere fact
mr. ben
names of a juristic person
notice of preliminary objection
own brief of argument
plaintiffs of fair hearing
port harcourt
prima facie case
proper order
proper parties
shell b. p. port harcourt
t. n. orji-abadua
twin pillars of the rules of natural justice

NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): On 17/1/02 the appellants then plaintiffs, issued a writ of summons and claimed the following reliefs against the defendants now respondents:

"Perpetual injunction to restrain the defendant, its servants, agents and/or assigns from further trespassing into the plaintiffs' land on the Murtala Mohammed Highway, opposite Naval Officers Quarters/Federal High Court, Calabar now used by RVL Motors.

2. N15 Million damages for trespass."

The owner/Managing Director, RVL Motors entered appearance as the defendant on 28/1/02. The appellants filed their statement of claim on 8/2/02 and on 6/3/02 the defendant, now respondent filed a notice of preliminary objection on the following grounds:

"1. That this Honourable Court lacks the jurisdiction to entertain the suit.

2. That the defendant in this suit is not a juristic person and as such unknown to law.

3. That there are no proper parties before this Honourable Court."

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