DR. ATHANASIUS E. BOCO V. MICHEAL O. ALUKO & ORS

JAFAARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Calabar, in suit No.FHC/C/CS/20/2007 delivered on the 3rd of July, 2008. The appellant as the 1st defendant in the suit filed a motion challenging the jurisdiction of the Court to handle the matter and also to set aside the order made by the Court for the opening up of the shops occupied by the Respondents and sealed up pursuant to the execution of the judgment of Calabar High Court in suit No.C/68/74. The appellant being dissatisfied with the ruling of the Court on 3rd July, 2008, appealed against the said decision.

Before this Court briefs have been filed and exchanged. In the appellant brief of argument the following four issues have been formulated for determination:-

(1) Whether the Federal High Court has jurisdiction to entertain the Respondent's suit as constituted against the parties sued which complaint borders on the execution of a judgment of a State H…