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ESHIESHI
V.
AFEGBUA & ANOR

(2014) JELR 39998 (CA)

Court of Appeal 21 Mar 2014 Nigeria
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Case Details

Suit Number:CA/B/238/2013
Judges: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
Counsel:K. O. Obamogie with P. Y. Musa; S. E. Oyameida (Miss); and E. O. Ejeba (Miss) For Appellant S. K. Mokidi with E. D. Aronokhale for the 1st Respondent.Oluwole Iyamu (Solicitor-General Edo State) with C. U. Ozua (Assist. Director); and M. O. Eruagea (State Counsel) for the 2nd Respondent. For Respondent

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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