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GANI TARZAN MARINE ENTERPRISES LTD. V. CARAVELLE RESOURCES AND INVESTMENT LTD. & ANOR

(2013) JELR 36056 (CA)

Court of Appeal  •  CA/L/1120/2010  •  18 Feb 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; FATIMA OMORO AKINBAMI JCA;

Appearances
MR. A. NWOGBE (WITH MESSRS. R. DARANIJO AND I. MATESUN) For Appellant CHIEF G. N. UWECHUE, S.A.N. (WITH MRS. E. OKPOKO AND MESSRS A. FALOYE AND C. HALIM) For Respondent

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): Pursuant to a ruling of the High Court of Justice of Lagos State, Lagos Judicial Division, holden at Lagos (the court below) overruling the appellant's preliminary objection on jurisdiction in respect of a suit concerning a strip of land located at Ikoyi, Lagos, said to belong to the Federal Government, the appellant brought this appeal against the respondents questioning the said ruling.

In summary, the respondents issued a writ of summons accompanied by a statement of claim, frontloaded written statement of a witness on oath together with copies of some documents in support, claiming against the appellant at the court below declaratory and injunctive reliefs as well as damages for trespass and an order to set aside a licence granted to the appellant over a plot of land situate at Oyinkan Abayomi (formerly Queen's) Drive, Ikoyi, Lagos.

Upon the parties joining issues on the pleadings, in which the appellant counter-cla…

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