UBA
V.
OKOLIE

(2018) JELR 38699 (CA)

Court of Appeal · CA/E/589/2013 · 18 Jul 2018 · Nigeria

CORAM

OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

respondent

grounds of appeal

issues

appeal

order

writ of summons

statement of claim

public holiday

rules

civil procedure

high court of anambra state

learned trial judge

notice of appeal

trial court

action law cap

record of appeal

anambra state

essential ingredients of his claim

integral part of the writ of summons

leading judgment

suit no.

virtue of order

adelusola vs. akinde

briefs of argument

chief magistrate court

chief magistrates court

commencement of an action

contradictory nature of the evidence of defence witness

courts vacation period

decision of the high court

decision of the high court of anambra state

evaluation of evidence

executive of that section of the market

facts of the case

following days

grounds of objection

high court of anambra state vide

lead evidence

malicious complaint

perspectives of the appellant

points of preliminary objection

provisions of order

public holiday period

respondents property

said court

said date

said suit

strength of respondents counsels application

way of preliminary objection

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Anambra State sitting in Onitsha, Coram: Chudi Nwankwor, J. delivered on the 10th September, 2013 in suit No. 0/248/2012 striking out the said suit on account of incompetence. The appellant was the plaintiff at the said Court.

The facts of the case, from the perspectives of the appellant is that, the respondent on or about the 15th April, 2005 made a false and malicious complaint against him (appellant) at Okpoko Police Station Ogbaru, Anambra State that he maliciously and unlawfully damaged the wall and building of her (respondents) store at Ogbaru Main market Okpoko.

On the basis of the complaint, the appellant was arrested by the police and later charged to the Chief Magistrates Court, Atani Ogbaru, Anambra State on a one count charge of malicious and unlawful damage to the respondents property in charge No. MGB/82C/2005: COP V. Prince Chigozie Uba. After two witne…

UBA V. OKOLIE

UBA
V.
OKOLIE