(1998) JELR 45569 (CA)    

Court of Appeal  ·  CA/K/25/96 ·  22 Jun 1998 ·  Nigeria
Other Citations
NIDB v. Limani (Nig.) Entcrp. (1998) 10 NWLR (Pt. 568)
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
Core Terms Beta
statement of claim
reasonable cause of action
res judicata
suit no. fhc
federal high court
subject matter
issue number
learned trial judge
second trial judge
kaduna federal high court
learned counsel
learned san
okeke j.
respective parties
briefs of argument
brother muhammad j.c.a.
case bore suit no. fhc
consequence of a final adjudication of the matter
earlier judgment
entire proceedings
federal high court of nigeria
final analysis
first trial judge
following issues
inter alia
j. hold
leading judgment
learned appellants counsel
notice of appeal
order of the court
plea of res judicatem
review of the ruling of federal high court
rights of the parties
risk of repetition
ruling of okeke j.
ruling of the federal high court kaduna
second issue
senior advocate
senior counsel
sokoto federal high court order
state of facts
subsisting order of dismissal of same suit

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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