(2018) JELR 38742 (CA)    

Court of Appeal  ·  CA/OW/216/2017 ·  25 Jul 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
preliminary objection
suit no. hu
suit no. a
1st defendant
notice of preliminary objection
suit no. hob
obingwa division
chief judge
aba judicial division
certiorari proceeding
chief judge of abia state
instant appeal
transfer order
abia state
learned counsel
abia state high court law
abuse of the process of court
administrative judge
different processes
high court obingwa division
honourable court
preliminary objection of the appellant
transfer of suit no. hob
trial judge
aba division of the said court
amorphous notice of preliminary objection
a.r.c v. jdp construction
argument of counsel
briefs of argument
contemplation of the provisions section
court holds
filing of the notice of preliminary objection
following circumstances
high court law
high court of abia state
high court of justice
number of case files
obingwa division of the lower court
quashing of the transfer order
respect of the said motion
said action
substantive case
substantive sine die
terms of the provisions of the rules
territorial jurisdiction
transfer decision
written statements of the said witnesses

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling delivered on 7/3/2017 by the High Court of Justice, Abia State presided over by Hon. Justice L.T.C Eruba (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The matter in which the lower Court delivered the ruling appealed against was in a preliminary objection brought by the Appellant (who was the 1st Defendant in the substantive case) in which he sought for the adjournment to the said substantive sine die and which the lower Court struck out.

The events leading to the filing of the Notice of Preliminary Objection in which the lower Court delivered its ruling now appeal against by the Appellant would appear not to be in dispute; and are to the effect that the Respondents commenced Suit No. HOB/36/2013 before the High Court of Abia State holden at Obingwa Division, against the Appellant and others in relation to land situate at Ohuru Amangw…

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