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GOMWALK
V.
MIL. ADM. PLATEAU STATE

(1997) JELR 78296 (CA)

Court of Appeal 9 Dec 1997 Nigeria
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Judges:GEORGE ADESOLA OGUNTADE, J.C.A. (Presided), DENNIS ONYEJIFE EDOZIE, J.C.A., OKWUCHUKWU OPENE, J.C.A. (Read the Leading Ruling)
Counsel:L. William (SAN) (with him, T.A. Adudu) - for the Applicants. H.Fwangehi (Mrs) Director of Public Prosecutions Ministry of Justice Plateau State - for the 1st, 2nd and 7th Respondents G. S. Fanyam, Solicitor-General, Benue State - for the 3rd - 5th Respondents G. Ofodile, (SAN) (with him, C.K. Okoli (Mrs) - for the 6th Respondent.
Other Citations:(1998) 7 NWLR (Pt. 558) 413

OPENE, J.C.A. (Delivering the Leading Ruling): In this matter which came on an appeal from the High Court of Plateau State holden at Jos, all the parties filed their briefs of argument when the appellants/applicants brought a Notice of Preliminary Objection which reads as follows:-

"Take notice that at the hearing of this appeal on the 6th of November, 1997 the appellants/applicants intend to rely upon the following preliminary objection notice whereof is hereby given toyou.

And further take notice that the ground upon the objection is:-

(a)That the trial court has no jurisdiction to entertain the matter."

Arguing the motion, the learned counsel for the appellants/applicants Mr.Ladi Williams S.A.N. said that the objection goes to the jurisdiction and that the High Court does not have jurisdiction to have entertained the plaintiff's case. He argued that it is the plaintiffs' statement of claim that this court should look at in determining this matter and referred to paras. 2, 16, 18, and 2…

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