DUERUEBURUO
V.
NWANEDO & ORS.

(2000) JELR 44207 (CA)    

Court of Appeal  ·  CA/PH/29M/97 ·  11 Apr 2000 ·  Nigeria
 · 
Other Citations
Duerueburuo v. Nwanedo (2000) 15 NWLR (Pt. 690)287
Duerueburuo v. Nwanedo (2000) 15 NWLR (Pt. 690) 287
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government
3rd defendant
action notice
action
high court
issues
learned trial judge
civil procedure
isu local government council
imo state
personal capacity
preliminary objection
second issue
1st defendant
brief of argument
constitution of the federal republic of nigeria
government of imo state
imo state government edict no.
leading judgment
local government area
notice of intention
point suo motu
statutory notice
action of the 3rd respondent
act of the 3rd respondent
aggrieved party
autonomous communities law no.
breach of constitutional rights of the parties
competence of the trial court
fair hearing
following cases
imo state law no.
interlocutory appeal
litany of cases
local government secretary
official act
plaintiff respondent
point raises
provisions of the law
rules of this court
ruling of the high court of imo state
service of recognition of an eze
suit no. hor
traditional rulers law no.
view of provisions of section
view of section
virtue of the provisions of the said section
want of jurisdiction
way of review
written notice of intention

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Imo State holden at Orlu delivered by Nwachukwu J. on 2nd July, 1996 in suit No. HOR/117/85 whereby the preliminary objection challenging the competence of the trial court to entertain the suit for want of jurisdiction was overruled.

Dissatisfied with the ruling, the 1st defendant/appellant has appealed to this court.

In accordance with the Rules of this court, the appellant filed his brief of argument and identified two issues for determination as follows:-

"ISSUES FOR DETERMINATION

1. Whether the action is competent and the court can exercise jurisdiction when the plaintiff respondent failed to give written notice of intention to sue as required?.

2. Whether in view of section 25 of the Traditional Rulers Law No. 11 of 1981 of Imo State the High Court is only empowered to determine such matters by way of review not by writ of summons?."

The respondent filed a …

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