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MR. OLUWOLE ALUKO V. THE GENERAL OFFICER COMMANDING, 2ND MECHANIZED DIVISION, NIGERIAN ARMY

(2018) JELR 42334 (CA)

Court of Appeal  •  CA/IB/129/2015  •  25 Apr 2018  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Appearances
Appellant appears in person. For Appellant K. Temim, Esq. with him, Akinlabi Akinfala, Esq. and Dayo Ajani, Esq. For Respondent

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Ibadan Judicial Division delivered on the 12th day of March, 2015 in Suit No. FHC/CS/53/2007.

The facts leading to this appeal have been adequately and comprehensively stated by learned counsel for the Respondent at pages 3 5 (paragraph 2.1 2.4) of the Respondents Brief of Arguments as follows:

The Appellant as Plaintiff commenced his action against the Respondent as Defendant via a Writ of Summons filed on 11th July, 2007. The Appellant in his Statement of Claim dated 11th of July, 2007 claimed against the Respondent damages for false imprisonment among other reliefs in the Federal High Court.

In response to the Appellants Suit, the 1st Respondent filed a Statement of Defence and a Notice of Preliminary Objection dated the 8th of November, 2013 to challenge the jurisdiction of the trial Court to entertain the suit. In response to the Respondents Notice of Prelimi…

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