(2005) JELR 44773 (CA)    

Court of Appeal  ·  CA/B/182/2004 ·  6 Dec 2005 ·  Nigeria
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
state high court
federal high court act
virtue of section
exclusive jurisdiction
power of transfer
mr. ezaga
supreme court
lower court
laws of the federation of nigeria
learned trial judge
jurisdiction of the court
civil service commission
commencement of the constitution of the federal republic
commensurate power
decision of the learned trial judge
federal high court benin
high courts
necessary jurisdiction
procedure of the state high court vis
rules of bendel state
transfer suits
brief of arguments
case of monday ojeba
cause list
decision of ehiwairo j
decision of the lower court
dejo lamikanra esq
delta state high court sapele
d.o ezaga
federal commissioner
federal high court act cap
high court of delta state
notice of appeal
order of the learned trial judge
ors suit no. s
previous decisions of the supreme court
provisions of the said section
provisions of the state law
seismic survey peg no. sl-1376-5412
submission of the learned counsel
such situations
transfer of this suit
trial judge
view of the provisions of section
want of the state high court jurisdiction

U.M. ABBA AJI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of Ehiwairo J, of the High Court of Delta State, Sapele, contained in the Ruling dated 8th day of July, 2002, which transferred this suit to the Federal High Court Benin, for want of the State High Court jurisdiction by virtue of Section 22(3) of the Federal High Court Act Cap 134 laws of the Federation of Nigeria, 1990.

The Respondent as Plaintiff filed this action vide Amended Writ of Summons and Statement of Claim dated 10th day of July, 1997, at the Delta State High Court Sapele, claiming for the following reliefs;-

(a) "Declaration that the plaintiff is entitled to compensation from the Defendant jointly and severally for damages to plaintiff's cassava and trespass on plaintiff's cassava farm by the Defendant.

(b) The sum of N350,000.00 (Three Hundred and Fifty Thousand Naira) being damages for Plaintiff's cassava that were destroyed by the defendants three (sic) seismic operations on t…

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