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UMEH
V.
IWU

(2008) JELR 33650 (SC)

Supreme Court 29 Feb 2008 Nigeria
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- The case concerns whether the suit FHC/ABJ/CS/478/2005 filed at the Federal High Court was an abuse of court process in view of prior and contemporaneous suits over the leadership of the All Progressive Grand Alliance (APGA), notably FCT/

Case Details

Suit Number:SC.60/2007
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:P.I.N. Ikwueto, Esg, SAN (with him, C. I. Mbaeri; I. Bozimo; P N. Nwankwo) For Appellant R. O. Yusuf, Esq (with him, C. I. Nwako) Chris Uche, SAN (with him, Okey Uzoho; Solomon Umoh, M. Igwe and N. Wuyep) For Respondent
Other Citations:Umeh v. Iwu (2008) 8 NWLR (Pt.1089) 225 S.C. (2008) 2-3 S.C. Pt I 135 (2008) 2-3 S.C. Pt I 135

CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): This interlocutory appeal is against the decision of the Court of Appeal, Abuja Judicial Division (i.e. the Court below) delivered on 20/10/06 dismissing the appellants' appeal to the effect that this action does not constitute an abuse of process of court; it therefore affirmed the decision of the trial court.

The appellants here i.e. the 3rd and 4th defendants at the trial court being aggrieved by the decision have appealed to this court by a notice of appeal dated and filed on 18/12/2006 containing two grounds of appeal.

From the beginning, at the trial court, the 3rd and 4th respondents herein as plaintiffs commenced this action as per suit No. FHC/ABJ/CS/478/2005 against the 1st and 2nd respondents only (that is as defendants) seeking the following reliefs jointly and severally:-

"(i) A declaration that pursuant to Article 18(i) of the Constitution of the All Progressive Grand Alliance herein on record as the fourth responde…

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