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CHIEF INYE C. CHARLIE AMACHREE V. CHIEF (PROF.) T.J.T. PRINCEWILL & ORS.

(2007) JELR 33392 (CA)

Court of Appeal  •  CA/PH/182/2004  •  31 Oct 2007  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

GARBA, JCA (Delivering the Leading Judgment): The appellant on the 26th of November, 2004 filed a writ of summons and statement of claim in suit No. PHC/1992/2003, as plaintiff at the Rivers State High Court, Port Harcourt against the respondents' herein, as defendants.

After service of the said summons and statement of claim on them, the 1st set of respondents/defendants filed a motion on the 18th of December, 2003 praying the High Court to dismiss the suit for being a gross abuse of court process. In a ruling on the 6th of April, 2004, the High Court granted the prayer and held that the suit was an abuse of its process in view of the suits No. PHC/624/2002, PHC/972/02 and PHC/620100 filed earlier.

This appeal filed on the 21st of May, 2004 is against that decision. The record of appeal was transmitted from the High Court on the 11th of August, 2004 to this court where in the course of proceedings, it was observed that the statement of claim compiled in the record at pages 6-14, was …

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