ESHIESHI
V.
AFEGBUA & ANOR

(2014) JELR 39998 (CA)    

Court of Appeal  ·  CA/B/238/2013 ·  21 Mar 2014 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
acn
1st respondent
lower court
instant appeal
necessary party
2nd respondent
local government elections
points of law
political party
statement of claim
considered view
case of the appellant
notice of appeal
1st defendant
2nd defendant
primary of acn
action congress of nigeria
instant case
briefs of argument
chairmanship position
court of appeal rules
lead counsel
learned trial judge
name of the 1st respondent
primary election of acn
chairmanship candidate of acn
grounds of appeal
instant action
local government area
breach of the extant law
claims of the appellant
conduct of the said election
edo state local government law
entire set of circumstances
high court of edo state holden
high courts
jurisdiction of the lower court
members of acn
notice of preliminary objection
order of injunction
popular choice of acn
raise issues
respect of the preliminary objection
said election
state screening committee of acn

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 28/5/2013 by the High Court of Edo State holden in Agenebode (hereafter simply referred to as 'the lower court") presided over by V.O.A. Oviawe, J; (hereafter simply referred to as "the learned trial Judge"). The lower Court in its ruling in question held that it had no jurisdiction to hear and determine the claims of the Appellant (as Claimant before it) and consequently struck out the Appellant's case.

The Appellant commenced the instant action before the Lower Court against three Defendants by a writ which issued on 8/3/2013. The three Defendants in the case are: (i) the 1st Respondent herein as the 1st Defendant; (ii) Action Congress of Nigeria (hereafter simply referred to as "ACN") as the 2nd Defendant; and (iii) the 2nd Respondent herein as the 3rd Defendant. A Statement of Claim dated 28/2/2013 was filed along with the writ. The case set up by the Appellant …

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