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ALL PROGRESSIVES CONGRESS V. MRS. INIMFON ANIEKAN NELSON & ORS

(2023) JELR 110228 (CA)

Court of Appeal  •  CA/C/407/2022  •  6 Feb 2023  •  Nigeria

Coram
Raphael Chikwe Agbo JCA Oyebisi Folayemi Omoleye JCA Balkisu Bello Aliyu JCA

Appearances
UMEH KALU, (SAN), with him, VALENTINE OFFIA, ESQ. for the Appellant; NDUBUISI OBINWOGU, ESQ. for the 1st Respondent; DANIEL NWIKE, ESQ. for the 3rd Respondent; Counsel for the 2nd Respondent was absent.

Judgement

BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, sitting at Uyo, Akwa Ibom State (trial Court) delivered on the 30th November, 2022 in respect of preliminary objections raised by the Appellant herein and the 2nd Respondent challenging the jurisdiction of the trial Court to determine suit No: FHC/UY/CS/132/2022 filed by the 1st Respondent against the Appellant, 2nd and 3rd Respondents. By that ruling delivered on the 30th November, 2022 contained in pages 537-545 of the record of this appeal, the trial Court dismissed the two preliminary objections of the Appellant and 2nd Respondent for lacking in merit and assumed jurisdiction on the 1st Respondent’s suit. 

The 1st Respondent as the plaintiff in the main suit raised four issues in her originating summons for the determination of the trial Court and sought eight (8) declaratory reliefs against the Appellant and the 2nd and 3rd Respondents. 

The originating summon…

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