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ICHIE JOSIAH MADU V. HUMPHERY MBAKWE & ANOR

(2008) JELR 46886 (CA)

Court of Appeal  •  CA/PH/79/2000  •  23 Apr 2008  •  Nigeria

Coram
TIJJANI ABUDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; IBRAHIM MUSA MOHAMMED SAULAWA JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J. C. A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High court of Imo state, Nkwerre Judicial division delivered on 21/9/98 striking out the appellant's motion seeking to commit the respondents to prison for disobeying an order of the made on court 4/6/98, and striking out the substantive suit on grounds of lack of jurisdiction.

The appellant, being dissatisfied with the decision filed a notice of appeal containing eight grounds of appeal. The grounds of appeal without their particulars are:

Ground (i)

Error in law:

"The learned trial judge erred in law when he held, quote:

"In view of the provisions of Section 41 of the Land Use Act and the Supreme Court decision in the case of Oyeniran V. Egbetola in May 1997, I suo motu raised the issue of whether the High Court of Imo State sitting at Nkwerre had jurisdiction (sic) to entertain this suit. A declaration on this issue will determine whether I could hear t…

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