UCHEGBU
V.
S.P.D.C. (NIG.) LTD

(2009) JELR 52675 (CA)

Court of Appeal 2 Apr 2009 Nigeria
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- This is an appeal against a decision of the High Court of Justice in Port Harcourt, Nigeria. - The trial judge struck out the suit of the plaintiffs, who were claiming possession of a piece of land and damages for trespass. - The trial ju

Case Details

Suit Number:CA/PH/268/2005
Judges:TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA
Counsel:Chief Ahunanya N. Ekwem - for the Appellants. -*- Mr. N.W. Nworgu Esq. - for the Respondent.

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Justice, Port Harcourt Judicial Division, coram. E. N. Ogbuji (J) delivered on 27 September 2004. The learned trial Judge onground of jurisdiction struckout the suit ofthe plaintiffs, now appellants contendingthat he lacked jurisdiction to hear and determine the issues in dispute between the parties.

The appellants were the plaintiffs in the court below while the respondent was the defendant in that court. By their statement of claim filed along with the writ of summons, the plaintiffs/appellants claimed as follows: “Whereof the plaintiffs claim possession of the piece/parcel of land measuring approximately 1.7 hectares, situate, lyingand being at Umuche, Omuordu, Egbeda in Emohua Local Government Area of Rivers State which was let by the plaintiffs to the defendant under a tenancy from year to year at the annual rental value as determined by the defendant to be N800

(eight hund…

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