NTO ANDREW O. ANSA & ORS. V. THE OWNER/MANAGING DIRECTOR RVL MOTORS
(2008) JELR 49452 (CA)
Court of Appeal
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CA/C/18/2007
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19 May 2008
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Nigeria
Coram
NWALI SYLVESTER NGWUTA JCA;
JEAN OMOKRI JCA;
T. N. ORJI-ABADUA JCA;
Appearances
Albert Ben For Appellant
F. A. Esu For Respondent
Judgement
<p>NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): On 17/1/02 the appellants then plaintiffs, issued a writ of summons and claimed the following reliefs against the defendants now respondents:</p><p> "Perpetual injunction to restrain the defendant, its servants, agents and/or assigns from further trespassing into the plaintiffs' land on the Murtala Mohammed Highway, opposite Naval Officers Quarters/Federal High Court, Calabar now used by RVL Motors.</p><p> 2. N15 Million damages for trespass."</p><p> The owner/Managing Director, RVL Motors entered appearance as the defendant on 28/1/02. The appellants filed their statement of claim on 8/2/02 and on 6/3/02 the defendant, now respondent filed a notice of preliminary objection on the following grounds:</p><p> "1. That this Honourable Court lacks the jurisdiction to entertain the suit.</p><p> 2. That the defendant in this suit is not a juristic person and as such unknown to law.</p><p> 3. That there are no proper parties before this Honourable Court."</p><p> After series o…</p>