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DARU & ORS
V.
UMAR

(2013) JELR 35438 (CA)

Court of Appeal 7 Jun 2013 Nigeria
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- The case involves a husband suing for the death of his wife following surgery. - The defendants argue that the state high court lacks jurisdiction and the case should be heard in the federal high court. - The trial judge rules in favor of

Case Details

Suit Number:CA/J/272/2009
Judges:RAPHEAL CHIKWE AGBO Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria
Counsel:Joshua Barau Esq., For Appellant L. E. Anyia Esq., with A. R. Dasoem Esq., For Respondent
Other Citations:(2014) 3 NWLR (Pt. 1394) 213, (2013) JELR 77229 (CA)

PETER OLABISI IGE, J.C.A. (Delivered the Leading Judgment): This appeal is against the decision of the Plateau State High Court of Justice Holden at Jos contained in the Ruling of Honourable Justice M. I. Sirajo delivered on the 5th day of March, 2009. The facts leading to the appeal herein is pathetic. The wife of the Respondent was indisposed in June, 2007. She visited the Jos University Teaching Hospital for treatment.

The Respondent alleged in his statement of Claim at the lower Court that at the behest of the Appellants one thing led to another. The Respondent's wife was asked to undergo surgery operation which according to the Respondent led to the death of his wife. He consequently sued the Appellants vide his writ of Summons issued out of Plateau State High Court of Justice on 24th day of September, 2007 claiming against the defendants now Appellants jointly and severally as follows:-

"1. A declaration that the illness that the Plaintiff's wife (Mrs Safiya Ibrahim Aminu Umar)…

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