(2016) JELR 46269 (CA)    

Court of Appeal  ·  CA/I/11/2005 ·  24 Nov 2016 ·  Nigeria
MODUPE FASANMI Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
jurisdiction of the court
notice of preliminary objection
2nd respondents
4th respondents
1st defendant
learned trial judge
jurisdiction of a court
supreme court
subject matter
issue of demurrer
jurisdiction of court
leading judgment
perpetual injunction
point of law
4th respondents briefs
above dictum
appellate court
case of lh ltd
case of nigeria deposit insurance corporation
cases of h. d. p.
consent of other defendants
counsel chief adeniyi akintola s.a.n.
hearing of a notice of preliminary objection
lack of jurisdiction of the court
learned silk
legal right
lower court
matter of demurrer proceedings
only party
ordinate jurisdiction
paragraph f anduniversity of calabar
point of law raising issue of demurrer
proper parties
record of appeal
rules of this court
ruling of the court
ruling of the oyo state high court of justice
submission of both counsel
such title
suit no. her
trial court
uwaifo j.s.c

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. HER/4/2003 delivered on the 30th of July, 2003 wherein a Notice of Preliminary Objection to the Jurisdiction of the Court filed by the Appellant (1st Defendant/Applicant at the trial Court) was struck out.

The action was commenced by the 1st and 2nd Respondents who were the Plaintiffs at the lower Court in a representative capacity by a Writ of Summons filed on the 19th of March, 2003 claiming the following reliefs:-

i. A DECLARATION that Igboora is a Federation governed by peculiar Chieftaincy installation of 5 (Five) Baales.

ii. A DECLARATION that the 1st defendant is the Baale of co-ordinate jurisdiction, power and influence like all the plaintiffs within Igboora federation.

iii. A DECLARATION that historically the 1st Defendant has never, either through his family lineage, enjoyed Obaship privileges or influence within Igbora federation.

iv. …

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