(2018) JELR 38872 (CA)    

Court of Appeal  ·  CA/B/145/2014 ·  14 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
delta state high court
constitution of the federal republic of nigeria
lower court
trial court
customary court of appeal
high court of delta state
customary court of delta state
honourable court
customary letters of administration
estate of anthony ziregbe
1st defendant
civil procedure
allied matters act
following orders
jurisdiction of the court
para g-a
set aside
ajao v. alao
ayoade v. spring bank plc
competence of the suit
control of limited liabilities companies
customary law issues
delta state
delta state customary court
effurun delta state
following cases
following objection
grant of letters of administration
issue of grant of letters
jurisdiction of this honourable court
melifonwu v. egbuji
native laws
notice of appeal
odiase v. agho
orders of the court
para c-g.
para s-f
power jurisdiction
proceedings of court of competent jurisdiction
proceedings of the area customary court
purported letter of administration
respondents claim
ruling of the high court of delta state
said notice of appeal
said ruling of the trial court
suit no
uvwie area customary court

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Delta State, Effurun Judicial Division holding at Effurun delivered in Suit No: No. EHC/231/2012 on 6th day of February 2014 in which the lower Court held that there is no merit in the application by the Appellant challenging the jurisdiction of the Court and the competence of the Suit by the Respondents and hence dismissed the preliminary objection.

Dissatisfied with the said ruling of the trial Court, the Appellant appealed to this Court vide his notice of appeal dated 5th February 2014 and filed on 13th March 2014. The grounds of appeal are as contained in the said notice of appeal.

The relief sought in the notice of preliminary objection by the Appellant are as follows:

The 2nd Defendant shall raise the following objection to the competence of this Suit and the jurisdiction of this Honourable Court and further urge the Court to strike out and dismiss the Suit…

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