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TIGA GREEN FARMS AGRICULTURAL (NIGERIA) LTD
V.
MITSUI O. S. K. LINES LTD & ANOR

(2005) JELR 45177 (CA)

Court of Appeal 17 Mar 2005 Nigeria
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Case Details

Suit Number:CA/L/12/99
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Counsel:J. N. McCarthy Mbadugha, Esq. (with him, Uzochukwu C. Uche, Esq.) For Appellant Olorunfemi A., Esq. For Respondent
Other Citations:T.G.F.A. (Nig.) Ltd. v. M. L. Ltd. [2005]17 NWLR (pt.953) 70

GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court in suit No. FHC/L/CS/1362/96 delivered on 31st October, 1997 in which the court struck out the suit on the ground that the appellant/plaintiff had no locus standi to sue.

The order was made in demurrer application by the respondent/defendant and the appellant being dissatisfied therewith, filed a notice of appeal on 21/11/97 containing 3 grounds. The appellant, with the leave of court, filed an amended notice of appeal on the 6/6/02 also containing 3 grounds as follows:

"3.1 Error in law

The learned trial Judge erred in law in admitting exhibit FA1 attached to the motion on notice dated 15/5/97 (demurrer proceedings) in evidence and in relying on it.

Particulars of error

The learned trial Judge failed to appreciate that in a demurrer proceedings a defendant/applicant is not allowed to tender any evidence; and that it is only the averment in the statement of claim that shall be …

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