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MUDIAGA-ODJE
V.
YOUNES POWER SYSTEM NIGERIA LTD.

(2013) JELR 35996 (CA)

Court of Appeal 8 Mar 2013 Nigeria
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- The appellant filed an appeal against the ruling of the trial court, which upheld the respondent's preliminary objection and declined jurisdiction over the case. - The appellant had filed a suit against the respondent, seeking various dec

Case Details

Suit Number:CA/B/394/2009
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:G.O.K. EBOWE with him O. OJANIKRE For Appellant IFEANYI EZE For Respondent

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This appeal instituted by the Appellant is against the Ruling of Honourable Justice R.N. Pemu (Mrs.) of the High Court of Delta State, Warri Judicial Division delivered on 3rd April 2009.

By the said Ruling the learned trial Judge upheld the Respondent's notice of preliminary objection dated 18th February 2009 thereby declining the jurisdiction of Delta State High Court in hearing and determining the Suit No. W/333/08 instituted by the Appellant against the Respondent at the High Court of Delta State, Warri Judicial Division.

The summary of the facts are as follows:-

The Appellant as Plaintiff in the trial court commenced this action vide Writ of Summons and Statement of Claim filed at the High Court of Justice, Warri, on 24/11/2008, wherein he claimed thus:

1. A declaration that considering the circumstances and the facts averred to in several paragraphs above, especially paragraphs 9, 10, 11, 14, 15, 17, 21 and 22 leading to…

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