(2007) JELR 44010 (CA)    
Court of Appeal  ·  CA/A/107/04 ·  23 May 2007 ·  Nigeria
MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
nc act
nigerian communications act
nigerian communications commission
condition precedent
injunctive reliefs
1st respondent
fair hearing
jurisdiction of the court
judicial powers of the lower court
leading judgment
learned trial court
learned trial judge
order of this honourable court
particular case
pendency of this action
time limit
appellant right
appellants suit
court bellow
follow claims
general bendel state
honourable justice b.f.m. nyako of the federal high court
language of any such statute
learned counsel
literal interpretation shows
matter of validity of section
mr. anyanwu of counsel
note of the foregoing
presiding judge
provisions of section
reason of any continuing conspiracy
said action
see ojong v
state v
such further relief
such operations
time frame
trial court
unrestricted access
use of the issues
various rules of all courts
want of jurisdiction
writing of the nigeria communications commission

MARY U, PETER-ODILI, J.C.A.:(Delivering the Leading Judgment): This is an appeal by the Appellant against the ruling delivered by Honourable Justice B.F.M. NYAKO of the Federal High Court 3, Abuja on 11th June 2004 striking out the Appellants suit on the ground that the Appellant who was plaintiff in the court below failed to obtain the consent in writing of the Nigeria Communications Commission before commencing the action against the Respondents.

In the court below the plaintiff/Appellant had the follow claims;-

(1) A declaration that the Defendants violated the provisions of Section 91 of the Nigerian Communications Act, 2003

(2) A declaration that the Defendants were in breach of their fixed wireless licence as granted by the Nigerian Communications Commission

(3) The Defendants be adjudged to pay damages in an amount to be determined at trial together with additional damages that may occur by reason of any continuing conspiracy in the future.

(4) The Defendants and the agents a…

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