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MR. IBE VITALIS CHUKWUJINDU
V.
ASSET MANAGEMENT CORPORATION OF NIGERIA

(2019) JELR 91612 (CA)

Court of Appeal 16 Apr 2019 Nigeria
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- The appeal arose from the dismissal by the Federal High Court, Lagos (Buba, J.) of an application challenging the competence of the respondent’s unsigned writ of summons filed on 11th September 2015. - The central legal issue was whether

Case Details

Suit Number:CA/L/346/2018
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Stanley Ugwoke with him, N. J. Inyang For Appellant AND S.E. Ezenile For Respondent

ABIMBOLA OSARUGUE OBASEKI- ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal flowing from the ruling of the Federal High Court; Lagos delivered on 19th February, 2018 per BUBA, J wherein the learned trial judge dismissed the Appellant’s application challenging the competence of the Respondent’s unsigned writ of summons. Dissatisfied with the ruling, the Appellant filed a Notice of Appeal on 22/2/18 and consequent to the rules of this Court, parties filed and exchange briefs. The Appellant’s brief of argument was filed on 29/3/18 and reply brief was filed on 8/10/18 but deemed 18/10/18. The Appellant distilled four issues for determination wit:

1. Whether the Learned Trial Judge was right to hold that the Respondent’s unsigned writ of summons dated and filed on 11th September, 2015, legally and lawfully invoked the jurisdiction of the Court and thereby vested the Court with the jurisdiction and competence to entertain the suit.

2. Whether the order of the Learned Trial …

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