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COMRADE OYINLOLA ADESOJI & ORS v. FEDERAL UNIVERSITY OF TECHNOLOGY & ORS

(2016) JELR 41435 (CA)

Court of Appeal  •  CA/AK/75/2011  •  20 May 2016  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Hon. Justice G. C. Okeke of the Federal High Court, Akure delivered on the 2nd day of March, 2011.

On the 4th June 2009, an action was commenced by the Plaintiffs, now Appellants vide a writ of summons in the suit FHC/AK/CS/35/2009, the Defendants, now Respondents, in response, filed an application seeking a dismissal of the case of the plaintiffs/Appellants in limine. The grounds for the dismissal were on the premise that the Federal High Court lacked jurisdiction in the matter as the case had been litigated upon before.

The lower Court delivered its Ruling on 22/3/2011, striking out the entire suit for being an abuse of Court process and having been robbed of jurisdiction.

The Plaintiffs being dissatisfied with the said judgment of the trial Court filed a Notice of Appeal challenging the whole Ruling as contained on pages 88 - 90 of the record of proceedings.

The parties filed and …

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