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MUOMA
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CAC & ORS

(2013) JELR 35259 (CA)

Court of Appeal 18 Dec 2013 Nigeria
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Case Details

Suit Number:CA/E/102/2004
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:Frank A. Chukuka Esq., For Appellant O.S. Imaji Esq. for 1st Respondent. F.U. Abazonu Esq. for 2nd - 8th Respondents. For Respondent

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. C.E. Archibong J. of Federal High Court Enugu delivered on 15th day of November, 2003 wherein he struck out the Plaintiff/Appellant's Suit in its entirety upon the Preliminary Objection raised by the 2nd - 8th Defendants/Respondents challenging the jurisdiction of the court.

At the Federal High Court, the Plaintiff/Appellant had in paragraph 17(a) - (h) of his statement of claim dated 21st day of October, 2002 at pages 12 - 13 of the record sought for the following reliefs:-

"WHEREOF the Plaintiffs has suffered damages and claims from the Defendants, jointly and severally, as follows:-

(a) A DECLARATION that the 2nd Defendant should not operate or carry on any of the objects or objectives of the Oraifite Improvement Union (O.I.U.) without a valid and subsisting certificate of incorporation issued by the 1st Defendant.

(b) A DECLARATION that the 2nd Defendant is not entitled to…

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