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NIGERIAN GAS COY LTD & ORS.

(2010) JELR 46626 (CA)

Court of Appeal 27 May 2010 Nigeria
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- This is an interlocutory appeal against the ruling of the Federal High Court Port Harcourt that struck out the plaintiff's suit on the basis of lack of jurisdiction. - The appellant argues that the subject matter of the suit falls within

Case Details

Suit Number:CA/PH/101/2008
Judges:SULEIMAN GALADIMA (OFR) Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Counsel:Chief C.A. B. Akparanta, SAN with Miss Josephine Nwakawa For Appellant Chris M. Essiodu For Respondent

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of R.O. Nwodo (J) sitting at Federal High Court Port Harcourt delivered on 17th May, 2006, striking out the plaintiff now appellant's suit on the basis that it had no jurisdiction. Dissatisfied with the ruling, the appellant filed on 2nd June, 2006 a Notice of Appeal containing a single ground of appeals that reads as follows.

"1.The learned trial judge erred in law by striking out the Appellant's suit on the ground that the court had no jurisdiction to entertain the subject matter of the suit' Particular of error

(i) The subject matter of the suit falls squarely within the jurisdiction of the court being a Federal High Court.

(ii) The Court being a Federal High Court has been invested by law viz Section 251 (1) (n) of the Constitution of the Federal Republic of Nigeria, 1999 and, Section 7 (1) (n) of the Federal High Court Act (chapter F. 12) with the exclusive jurisdiction t…

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