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BAGE JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division delivered on 28 May 2015 which affirmed the judgment of the Federal High Court Warri, suit No. FHC/WR/CS/60/2014, delivered on 31 October 2014. The Court of Appeal upheld the decision of the trial court and dismissed the appellant’s appeal. The lower court held inter alia, that the trial court had jurisdiction to entertain the suit and that the respondents’ cause of action at the trial court was not statute barred, and that there is continuance in the suppression of Isoko North State Constituency 1. Aggrieved by the decision of the court below, the appellant filed a notice of appeal dated 14 August 2015, containing four (4) grounds of appeal.
The facts that gave rise to this appeal is that, the respondents commenced the action at the Federal High Court Warri on 16 May 2014 against the appellant. The respondents raised four
(4) questions and claimed the following relief…