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KOLO
V.
NPF & ORS

(2018) JELR 39624 (CA)

Court of Appeal 9 Feb 2018 Nigeria
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- The appellant in this case sought to enforce her fundamental rights in a matrimonial dispute. - The lower court held that it lacked jurisdiction to hear the case and struck it out. - The appellant argued that the lower court misapplied th

Case Details

Suit Number:CA/L/1246/2015
Judges:AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Counsel:Chijioke O.P. Emeka, Erq, for the Appellantwith Oluwakemi Oni, Esq. and E.O. Ekeocha, Esq. For Appellant Alfred Ifegwu Uwaka, Esq. for the 4th Respondent. For Respondent

ONYEKACHI AJA OTISI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court Lagos, Judicial Division Coram C. J. Aneke, J. delivered on September 29, 2014 in which the lower Court upheld the preliminary objection of the 1st-3rd Respondents, holding that it lacked jurisdiction to entertain the Appellants action and struck out the action.

The facts leading to this appeal may be summarized as follows: The Appellant was married to the 4th Respondent and the union produced two children. In the course of the marriage, the Appellant and the 4th Respondent, who had a turbulent relationship, made reports to the 3rd Respondent, the Divisional Police Officer, Festac Division, who happened to be a relation of the 4th Respondent. On 25/9/2010, the Appellant left the matrimonial home with the two children of the marriage after the 4th Respondent was alleged to have threatened to kill her before Christmas. The 4th Respondent reported the matter to the Fes…

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