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UWAZURUIKE
V.
NWAOZUZU & ORS

(2022) JELR 110805 (CA)

Court of Appeal 31 Mar 2022 Nigeria
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- This is an appeal from a judgment of the Imo State High Court, which struck out the appellant's Writ of Summons for incompetence. - The 1st respondent filed a Notice of Preliminary Objection seeking the dismissal of the appeal for lack of

Case Details

Suit Number:CA/OW/552/2018
Judges:Rita Nosakhare Pemu JCA Oludotun Adebola Adefope-Okojie JCA Ibrahim Wakili Jauro JCA
Counsel:E.E. Chukwuka, Esq. for the Appellant; J.C. Nwandu, Esq., with him, H.C. Gilbert and B.C. Nnawuihe for the 1st Respondent; Williams Opara - for 3rd Respondent J.T.U. Nnodum, SAN, with him, E.A. John-Nwosu and C.S. Esomonu for the 5th Respondents; Adaku Ugboma, Principal State Counsel for the 6th and 7th Respondents.

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the Imo State High Court, Owerri Judicial Division, delivered on 29th March 2018, by T.E. Chukwuemeka Chikeka J, striking out the Appellant’s Writ of Summons, on the ground of incompetence. Aggrieved, the Appellant filed a one ground Notice of Appeal. In response to the appeal, the 1st Respondent filed a Notice of Preliminary Objection on 2/11/20, arguments in respect of which are contained in the 1st Respondent’s Brief. 

In the Notice of Preliminary Objection, the 1st Respondent sought the following: 

“An order of Court dismissing the appeal for lack of jurisdiction, being incompetent and an abuse of the process of this Honourable Court”

Several grounds, numbering 10, were given in support of the Notice 

Reacting thereto, the Appellant filed a Reply Brief on 1/2/21 to the Notice. In it, learned Appellant’s Counsel, E.E. Chukwuka, Esq contended that the Preliminary Objection…

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