LOWER NIGER RIVER BASIN AND RURAL DEVELOPMENT AUTHORITY V. MR. SAMUEL OLAGBEGI

ONNOGHEN JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court sitting in Ilorin in suit No. FHC/

IL/CS/30/2001 delivered by Hon. Justice P.F. Olaiyiwola, on 2nd August, 2002 in which he overruled the preliminary objection of the appellants as to the jurisdiction of the Federal High Court to hear and determine the substantive suit which the appellant also contended, is statute barred. In a statement of claim filed by the respondent as plaintiff in the lower court, the said respondent claimed the following reliefs:

“23. WHEREOF the plaintiff claims from the defendant the sum of N8,000,000.00 (Eight million naira) only as follows: The sum of N5,056,500.00 (five million, fifty six thousand, five hundred naira) only as special damages.

PARTICULARS A

Cost of the onion seedlings is N40,000.00

Amount paid to the defendant for dry season cropping is N16,500.00.

Loss of profit of N5,000,000.00 (Five million naira) only.

The sum of N2,943,500,00 (Two mill…