(2018) JELR 39129 (CA)    

Court of Appeal  ·  CA/C/225/2015 ·  22 Feb 2018 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
legal practitioner
civil procedure
first issue
jurisdiction of the court
cross river state high court
due process of law
jurisdiction of the high court
oluwatuyi v. owojuyigbe
originating process
unsigned writ of summons
1st day of december
abuse of process of court
amended notice of appeal
asana abasi land
blacks law dictionary 8th edition
case of okafor v. nweke
chief a. o. mogboh
chief orok i. ironbar
chief orok i. ironbar esq
chioma egondu nwosu-iheme
clear expectation
competence of the writ of summons
considered judgment
cross river state
declaratory reliefs
high court
incurable defect
irregular written statement
judicial authorities
leading judgment
legal process
muyiwa odejayi
niki tobi jsc
north south
o. i. itam
provisions of the said rules
qua river
requirement of the law
rules of cross river state
said notice of appeal
stephen jonah adah
trial court
trite law

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondents as Claimants at the trial Court claimed against the Appellants as Defendants declaratory reliefs, injunction and damages (see page 5 of the Records).

In a considered judgment delivered by O. I. Itam, C.J of the Calabar Division of the Cross River State High Court on the 1st day of December, 2014, entered judgment for the Respondents but dismissed the claim against the 6th and 7th Respondents.

Dissatisfied with that judgment, the Appellants commenced this appeal by an amended Notice of Appeal filed on the 24th of February, 2014 and deemed properly filed on the 10/10/17. Ten grounds of Appeal were incorporated in the said Notice of Appeal and seven issues formulated for determination by learned counsel for the Appellants, Chief A. O. Mogboh, (SAN). They read:

1. Whether an unsigned writ of summons/originating process can validly activate the jurisdiction of the High Court.

2. Whether the irregular written s…

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