(2004) JELR 44971 (CA)    

Court of Appeal  ·  CA/K/346/2001 ·  13 May 2004 ·  Nigeria
BABA ALKALI BA' ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria ABUBAKAR ABDUL-KADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
senior counsel
learned trial judge
learned counsel
leave of court
existing law
trial court
high court rules
nepa vs. onah
civil procedure
high court
laws of ondo state
provisions of order
such notice
honourable court
laws of ondo state of nigeria
local government law cap
local government laws
odua investment co. ltd.
adio vs. state
appellant leave
behalf of the 2nd defendant
behalf of the 3rd defendant
complete agreement
fundamental statutory requirement
general damages
general rule
issue of the writ
joint respondents
jurisdiction of this honourable court
madukolu vs. nkemdilim
notice of appeal
notice of preliminary objection
power of state legislature
present action
procedure briefs of argument
rules of practice
rules of the trial high court
ruling of the kaduna state high court
said prayers
second ground of objection
specific application
statutory provisions of section
suit no. kdh
support of his submission
writ of outside jurisdiction

BABA ALKALI BA' ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Kaduna State High Court, holden at Kaduna in Suit No. KDH/KAD/528/00, delivered on 24/4/2001. The appellants who are the plaintiffs claim jointly and severally against the defendants as follows:-

"1. The sum of N2, 550, 000.00 being the market value of Peugeot 504 Saloon Car Best Line Engine/chasis No. 6159521 as at 23rd January, 2000, which was taken away from his possession in Kaduna, upon consideration i.e. promise that has totally failed.

1. Interest of 25% from the 23rd of January, 2000 until Judgment is delivered.

2. General damages in the sum of N2, 500, 000.00."

Upon being served with the writ of summons, a Notice of Preliminary Objection dated 4/12/2000 was filed on behalf of the 2nd defendant/applicant, raising objection to the hearing of the suit and shall urge the court to strike out the writ of summons on the 2nd defendant/applicant for non-compliance with the Rules …

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