(2005) JELR 45177 (CA)    

Court of Appeal  ·  CA/L/12/99 ·  17 Mar 2005 ·  Nigeria
Other Citations
T.G.F.A. (Nig.) Ltd. v. M. L. Ltd. [2005]17 NWLR (pt.953) 70
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
Core Terms Beta
demurrer proceedings
statement of claim
locus standi
learned trial judge
lower court
issue no.1
exhibit fa1
1st defendant
amended notice of appeal
bill of lading no. molu
endorsee of bill of lading no. molu
material time
reason of the endorsement
right of suit
1st respondent
bill of lading number molu
civil procedure
demurrer application
f. i. onwadike
ruling of the federal high court
suit no. fhc
above decision of the supreme court
attorney-general of oyo state
case of m.v mustafa v
documentary evidence
facts of the cases of sea trade v
federal capital development authority v
following cases
following issues
fresh point
interpretation of the provision of the said s.
leading judgment
leave of court
necessary leave of court
notice of appeal
part of our procedure
said paragraphs
sea trade case
submissions of respondent
such documents
supreme court
trial court

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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