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INCORPORATED TRUSTEES OF THE APOSTOLIC CHURCH IGBO FIELD NIGERIA & ORS
V.
NELSON & ORS

(2018) JELR 34437 (CA)

Court of Appeal 11 Jun 2018 Nigeria
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- The case concerns an interlocutory appeal challenging the ruling of the Federal High Court, Umuahia, which refused to dismiss the suit filed by members of the Apostolic Church, Aba Field, Nigeria, seeking declarations and injunctive relie

Case Details

Suit Number:CA/OW/277/2014
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:Osmond Afam Akputa with him, Peter Agwu For Appellant C. C. Elele with him, T.O. Adiele, U. S. Onyeogugoro and C.K. Anyanwu for 1st-3rd Respondents.4th Respondent absent and not represented by counsel. For Respondent

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling delivered on 19/5/2014 by the Federal High Court, Umuahia Judicial Division presided over by Hon. Justice F.A. Olubanjo (hereafter to be simply referred to as the lower Court and learned trial Judge respectively) in respect of a preliminary objection (hereafter to be simply referred to as P.O) brought by the Defendants (now Appellants) challenging the jurisdiction of the lower Court to entertain the Claimants (now Respondents) action. The lower Court in its ruling appealed against overruled the Appellants P.O.

The Respondents initiated the instant case by a writ of summons dated 3/12/2013 and which ex-facie duly issued. In paragraph 19 of the statement of claim, it is stated thus:

Wherefore the Claimants have been greatly damnified and claim against the Defendants jointly and severally as follows: -

1. A Declaration the Apostolic Church, Aba Field, Nigeria, as propo…

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