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DRAGETANOS CONSTRUCTION (NIG.) LTD V. STERLING BANK PLC & ORS

(2020) JELR 111374 (CA)

Court of Appeal  •  CA/A/461/2010  •  27 Mar 2020  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA STEPHEN JONAH ADAH JCA TINUADE AKOMOLAFE-WILSON JCA

Appearances
A.A. lroagalachi, Esq., with: F.C. Uzouary, Esq., and V.C. lroagalachi, Esq., for the Appellant. H.O. Shuaibu, Esq., with: lkechukwu Anyanwu, Esq., for the 1st Respondent. Charles Jonah, Esq., for the 2nd Respondent. V.I. Okori, Esq., with: Ogwuche Emmanuel, Esq., for the 3rd Respondent.

Judgement

STEPEHN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Niger State presided by Hon. Justice Idris M.J. Evuti delivered on the 22nd July, 2008.

The appellant who was plaintiff at the trial court maintained a consolidated suit with Suit Nos NSHC/NB/40/2003 and NSHC/NB/138/2004 against the 1st respondent. The appellant thereafter by a motion on notice filed on the 1st April, 2008 prayed the court for an order joining the Attorney General of the Federation and Inspector General of Police as the 2nd and 3rd defendants in the suit. This prayer was granted.

In response, the 2nd and 3rd respondents as 2nd and 3rd defendants, being agents of the Federal Government, at the lower court then filed a Preliminary Objection dated 13th May, 2008 challenging the jurisdiction of the court to entertain the matter.

At the end of arguments for and against the Preliminary Objection, the court delivered a ruling striking out the suit for lack of Jur…

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