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IMADE
V.
MIL. ADM., EDO STATE

(2001) JELR 54012 (CA)

Court of Appeal 7 Feb 2001 Nigeria
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Case Details

Suit Number:CA/B/132/98
Judges:NIKI TOBI, JCA (Presided) BABA ALKALI BA’ABA, JCA SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment)
Counsel:Prince M. O. Ighodalo (with Mrs. E. Eroga) - for the Appellant. Mrs. C. I. Avielele (C. L. O. - Edo State) - for the 1st - 5th Respondents. -*- J. E. Legbedion, Esq., - for the 6th Respondent.

IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is sequel to an interlocutory order made by Omoluabi, J. sitting in the High Court, Afuze on the 27th of June, 1977 that the trial court lacked jurisdiction to hear the suit instituted by the plaintiff for want of locus standi . It will make for clarity if the antecedents which led to the ruling are stated. Thus, the plaintiff, who is now the appellant, filed a writ of summons and statement of claim on the same day, 5th of February, 1996. The defendants, now the respondents, filed separate statements of defence. Thus, the 1st to the 5th defendants filed joint statement of defence, while the 6th A defendant filed its own statement of defence. Both pleadings were later amended after they had been exchanged. It is appropriate to reproduce some salient aspects of the amended pleadings in order to appreciate the merits or demerits of the ruling of the lower court. Thus, the following paragraphs 1, 2, 3, 4, 5, 6, 7, 10, 11, 14, 17…

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