NATIONAL INSURANCE COMMISSION & ORS.
V.
ACEN INSURANCE COMPANY LTD. & ORS.

(2006) JELR 46246 (CA)    

Court of Appeal  ·  CA/A/151/05 ·  28 Nov 2006 ·  Nigeria
 · 
Other Citations
N.I.C. v. Acen Ins. Co. Ltd. [2007] 6 NWLR (Pt.1031)
N.I.C. v. Acen Ins. Co. Ltd. (2007) 6 NWLR (Pt. 1031) 589
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria BODE RHODES- VIVOUR Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
extension of time
preliminary objection
prayer
notice of appeal
appellants
counsel
applications
facts
incompetent appeal
grounds of appeal
supreme court
learned trial court
counter affidavit
ground of appeal
interlocutory appeal
interlocutory injunction
leading judgment
leave of court
long time
motions
order
particulars of error
ruling of s.j adah j.
substantive matter
adah of the federal high court
case of amadi
chief b. ayorinde
chief j.o okugbeni
competence of the action
competence of the court
full trial
government of gongala state
high court
hon. justice sj
issue of lack of jurisdiction
issues
i.t. muhammad
lack of jurisdiction
legal effect
lower court
n.n.p. c.
notice of preliminary objection
order of the learned trial judge
question of its lack of jurisdiction
rhodes-vivour
s.j. adah j
trial court
virtue of the provisions of section

RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The plaintiffs are the respondents in this appeal. The defendants are the appellants. The plaintiffs sued the defendants on an Originating Summons for Declarations and an injunctive relief.

The suit came before Hon. Justice SJ. Adah of the Federal High Court, Abuja Judicial Division.

The defendants filed a preliminary objection seeking an order dismissing the Suit for lack of jurisdiction, and their learned counsel insisted on his preliminary objection being heard first. S.J. Adah J, thought otherwise and on 22/6/05 ordered that the preliminary objection and the substantive matter shall be heard together.

Dissatisfied with the order of the learned trial Judge the defendants, now as appellants quickly filed a notice of appeal on 29/6/05. Thereafter, both sides proceeded to file multiple applications, and so on 11/5/06 we ordered counsel to file written addresses on all the motions/applications/processes pending before us.

For cla…

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