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ENGR. AYO IJAGBEMI & ANOR. V. MR. JOEL OLUWOLE IGE & ANOR.

(2009) JELR 47430 (CA)

Court of Appeal  •  CA/IL/53/2008  •  30 Jun 2009  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; SOTONYE DENTON WEST JCA; CHIMA CENTUS NWEZE JCA;

Judgement

SOTONYE DENTON WEST J.C.A, (Delivering the Leading Judgment): The 1st and 2nd Appellants being dissatisfied with the Ruling of the Ekiti State High Court of Justice delivered by Hon. Justice D. O. Jegede on 31st day of March, 2008 appealed to this Court to set aside the decision of the lower court on the basis that the lower court lacks jurisdiction to entertain the suit filed by the Respondents.

This assertion that the court lacks jurisdiction as contended by the Appellants who are the Defendants in the court below in the suit brought by the 1st Respondent as Plaintiff against the Appellants and 2nd Respondent pertaining to matters allegedly connected to internal affairs of the Peoples Democratic Party i. e. the 2nd Appellant on nomination and sponsorship of candidate for Chairman of Gbonyin Local Government in Ekiti State.

The Appellants responded to the writ of summons filed by the 1st Respondent by entering a memorandum of conditional appearance, they also filed a notice of prelim…

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