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OGIDI
V.
NIGERIA IMMIGRATION SERVICE

(2017) JELR 37369 (CA)

Court of Appeal 25 Oct 2017 Nigeria
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- The appellant, representing the Ogidi family, appealed against the decision of the Delta State High Court (Warri), which struck out his suit as an abuse of court process following a prior dismissal of a related action (Suit No. W/452/2009

Case Details

Suit Number:CA/B/117/2014
Judges:PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:E.O. Jakpa, Esq. For Appellant J.A. Omezi, Esq. For Respondent

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State sitting at Warri in Suit No. W/210/2012 between BRO. EMMANUEL OGIDI (for himself and on behalf of members of the Ogidi family of Ellu) v. NIGERIA IMMIGRATION SERVICE delivered by Okoh, J. on 28/05/2013. The appellant was the claimant, while the respondent was the defendant/counter-claimant in the trial Court. The trial Court struck out the appellants suit for being an abuse of Court process. The respondents counterclaim was also struck out.

The appellants brief filed 10/05/2016 contains two issues for determination, formulated as follows:

1. Whether the learned trial judge (Hon. Justice M.C. Okoh) was right to rely on the ruling in Suit No. W/452/2009 to hold that the Appellants action was an abuse of process when in fact the ruling given outside of jurisdiction was itself a nullity, having regard to the fact that the learned trial judge in that…

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