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OGOLO & ORS

(2016) JELR 33280 (CA)

Court of Appeal 23 Mar 2016 Nigeria
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- The case revolves around the jurisdiction of the Federal High Court in Nigeria. - The respondent claims negligence and damages on their properties, a farm house and farm animals. - The lower court ruled in favor of the respondent, awardin

Case Details

Suit Number:CA/OW/240/2013
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Olusola Laniyan, Esq. For Appellant R. O. Agbesor, Esq. For Respondent

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal amongst a host of other issues principally revolves around the perennial problem of delimiting the Jurisdiction of the Federal High Court under Section 251 (1) of the Constitution of Nigeria 1999 (as Amended) with regards to a claim, on the one hand whose subject matter the Appellant has insisted is grounded in negligence and damages on the Respondent's properties; Farm House and Farm Animals and on the other hand, one whose subject matter the Respondent did not dispute, but had insisted the cause of action arose in 1996 long before the commencement of the 1999 Constitution (as amended) and particularly Section 251(1) of the said Constitution. The issue of proper evaluation of documentary evidence and as well the consideration of the tort of negligence and the question of damages were also dealt with.

In suit number FHC/UM/CS/74/2004 filed at the Federal High Court, sitting at Umuahia, Abia State of Nigeria,…

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