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NDIB & ANOR.
V.
LIMANI NIGERIA ENTERPRISES LTD.

(1998) JELR 45569 (CA)

Court of Appeal 22 Jun 1998 Nigeria
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- The respondent’s initial suit before the Federal High Court, Sokoto, was struck out and dismissed by Abutu J. on the ground that the statement of claim disclosed no reasonable cause of action and contained no reliefs; no determination was

Case Details

Suit Number:CA/K/25/96
Judges:UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Counsel:Paul Usoro,Sani Audu Esq. For Appellant J.B. Daudu, SAN,Mrs. M.A. Alabi For Respondent
Other Citations:NIDB v. Limani (Nig.) Entcrp. (1998) 10 NWLR (Pt. 568)

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Federal High Court. Sokoto, the respondent as plaintiff instituted a suit against the appellants as defendants. The plaintiff filed a statement of claim. The defendants meanwhile filed a motion on notice praying the court to strike out or dismiss plaintiff's action as the court lacked jurisdiction and as the statement of claim did not show any reasonable cause of action. After considering the affidavit evidence from the respective parties the learned trial Judge. Abutu, J. hold that the statement of claim filed had disclosed no reasonable cause of action. Consequently he struck out the statement of claim and dismissed the suit. That was on the 12th day of December, 1991. The case bore suit No. FHC/S/2/90.

On the 30th day of May, 1994, the respondent as plaintiff took a writ of summons from the Federal High Court, Kaduna, against the appellants as defendants. A statement of claim was filed by the plaintiff. The defendants throu…

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