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SUNDAY AINABEBHOLO V. EDO STATE UNIVERSITY WORKERS FARMERS MULTI-PURPOSE CO-OPERATIVE SOCIETY & ORS

(2015) JELR 40710 (CA)

Court of Appeal  •  CA/B/383/2012  •  17 Mar 2015  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; PHILOMENA MBUA EKPE JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Appearances
B. O. AINABEBHOLO For Appellant K. O. Obamogie Esq. with B. O. Okoduwa, P. Y. Musa, S. E. Oyamendan for the 1st and 2nd Respondents.Mrs. F. I. Monyei, D.C.R.C., Min Of Justice, with F. N. Edokpolor ACSC, for 3rd Respondent. For Respondent

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering The Leading Judgment): The instant appeal is against the ruling of the Edo State High Court, Benin Judicial Division, delivered on October 29, 2012, in Suit No.HEK/52/2000. By the ruling in question, the Lower Court, coram Efe Ikponmwonba, J; struck out the Appellant's suit for want of jurisdiction.

BACKGROUND FACTS:

The genesis of the present appeal is traceable to September 8, 2000. That was the day the Appellant filed in the court below a Writ of Summons seeking various declaratory and injunctive reliefs against the Respondents. By the endorsement to the writ of Summons and Statement of Claim thereof, the Appellant specifically sought the following reliefs against the Respondents:

a. An order setting aside the findings of the third Defendant panel.

b. An order invalidating the suspension and indefinite suspension order on the Plaintiff.

c. An order reinstating the Plaintiff to his position as Secretary to the First Defendant.

d. An ord…

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