DR. AKPO MUDIAGA-ODJE V. YOUNES POWER SYSTEM NIGERIA LTD.
(2013) JELR 35996 (CA)
Court of Appeal
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CA/B/394/2009
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8 Mar 2013
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Nigeria
Coram
SIDI DAUDA BAGE JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
TOM SHAIBU YAKUBU JCA;
Appearances
G.O.K. EBOWE with him O. OJANIKRE For Appellant
IFEANYI EZE For Respondent
Judgement
<p>SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This appeal instituted by the Appellant is against the Ruling of Honourable Justice R.N. Pemu (Mrs.) of the High Court of Delta State, Warri Judicial Division delivered on 3rd April 2009.</p><p> By the said Ruling the learned trial Judge upheld the Respondent's notice of preliminary objection dated 18th February 2009 thereby declining the jurisdiction of Delta State High Court in hearing and determining the Suit No. W/333/08 instituted by the Appellant against the Respondent at the High Court of Delta State, Warri Judicial Division. </p><p> The summary of the facts are as follows:-</p><p> The Appellant as Plaintiff in the trial court commenced this action vide Writ of Summons and Statement of Claim filed at the High Court of Justice, Warri, on 24/11/2008, wherein he claimed thus:</p><p> 1. A declaration that considering the circumstances and the facts averred to in several paragraphs above, especially paragraphs 9, 10, 11, 14, 15, 17, 21 and 22 leading toβ¦</p>