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AUSTIN O.EREBOR v. MAJOR & COMPANY (NIG.) LTD. & ANOR

(2000) JELR 42098 (CA)

Court of Appeal  •  CA/L/177/97  •  17 Jan 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

OGUNTADE, J.C.A.(Delivering the Leading Judgment): The appellant was the plaintiff before the Federal High Court, Lagos in suit No. FHC/L/CS/118/93 and the respondent the defendant. The appellant filed his writ of summons on 28/4/93.

The defendants after they were served reacted by bringing an application that the suit be terminated on the ground that the lower court has no jurisdiction to entertain it. The grounds for bringing the application were stated thus:

"(a) The plaintiff has no locus standi to maintain this action.

(b) Only the 1st defendant can sue in respect of the reliefs claimed by the plaintiff in this suit."

The lower court heard the application and in its ruling on 24-3-97 upheld the contention of the respondents. The suit was accordingly struck out. Dissatisfied, the plaintiff has brought this appeal on two grounds of appeal which read.

"(a) The trial court was in error of law for declining jurisdiction to hear this matter on the ground that:

(b) The plaintiff/appeā€¦

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