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UWAZURIKE
V.
NWACHUKWU

(2012) JELR 53853 (SC)

Supreme Court 7 Dec 2012 Nigeria
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Case Details

Suit Number:SC.272/2012
Judges:W. S. N. ONNOGHEN JSC (Presided and Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC SULEIMAN GALADIMA JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC
Counsel:Chief Chukwuma Ekomaru, SAN (with him are Messrs E. A. Nnabue and C. O. Mbam) - for the 1st Appellant. -*- Jerry E. Egemba, Esq. - for the 2nd Appellant. -*- K. C. Nwufo, Esq. (with him, J. U. Eke, Esq.) - for the 1st Respondent. D -*- I. K. Bawa, Esq. (with him, Rahima Aminu, Esq.) - for the 2nd -*- Respondent.

ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division in appeal No. CA/OW/164/2011, delivered on 28 May 2012 in which the court dismissed the appeal of the appellants against the ruling of the Federal High Court in suit No. FHC/OW/CS/75/2011 delivered on 1April 2011 in which the court overruled the preliminary objection of the appellant against the jurisdiction of that court to hear and determine the matter.

On 14 March 2011, the 1st respondent caused a writ of summons to be issued against the appellants and 2nd respondent in which he claimed the following reliefs:

“An order of the court restraining the 2nd defendant from submitting to the 1st defendant, the name of the 3rd defendantor any other name except the name of the plaintiff as the PDP candidate at the forthcoming election into the Federal House of Representative for Ehime Mbano Ihitte Uboma/Obowo aka Okigwe South Federal Constituency. An order of the Hon. (…

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