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MR. IBE VITALIS CHUKWUJINDU V. ASSET MANAGEMENT CORPORATION OF NIGERIA

(2019) JELR 91612 (CA)

Court of Appeal  •  CA/L/346/2018  •  16 Apr 2019  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI- ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal flowing from the ruling of the Federal High Court; Lagos delivered on 19th February, 2018 per BUBA, J wherein the learned trial judge dismissed the Appellant’s application challenging the competence of the Respondent’s unsigned writ of summons. Dissatisfied with the ruling, the Appellant filed a Notice of Appeal on 22/2/18 and consequent to the rules of this Court, parties filed and exchange briefs. The Appellant’s brief of argument was filed on 29/3/18 and reply brief was filed on 8/10/18 but deemed 18/10/18. The Appellant distilled four issues for determination wit:

1. Whether the Learned Trial Judge was right to hold that the Respondent’s unsigned writ of summons dated and filed on 11th September, 2015, legally and lawfully invoked the jurisdiction of the Court and thereby vested the Court with the jurisdiction and competence to entertain the suit.

2. Whether the order of the Learned Trial …

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