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MR. ANTHONY EZEAFULUKWE v. JIM OBATOYINBO

(2007) JELR 44029 (CA)

Court of Appeal  •  CA/A/104/2003  •  13 Jun 2007  •  Nigeria

Coram
OLUFUNMILOLA OYELOLA ADEKEYE JCA; MARY U. PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

MARY U. PETER-ODILI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the order of the High Court of Justice of the Federal Capital Territory, Abuja delivered by the Hon. Justice I. M. Bukar on the 4th of November, 2002 in suit No: FCT/HC/CV/1151/2002 wherein the learned trial Judge struck out the Plaintiffs suit on the ground that it was an abuse of process of court.

STATEMENT OF FACTS

The appellant by a writ of summons together with a statement of claim both dated 28/10/2002 filed a suit against the respondent claiming some declaratory reliefs, eviction order and damages.

The matter was assigned to the trial court on 30/10/2002 and on 4/11/2002 the learned trial Judge in Chambers struck it out on the basis that it was the same as the case in suit NO: FCT/HC/CV/95/2002 struck out on the 21/10/2002.

Being dissatisfied with the said decision of the trial court the appellant has appealed to the Court of Appeal through a Notice of Appeal dated the 18th November 2002 and…

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