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ICHIE CHUKS MUOMA (OCHIAGHA ORAIFITE) V. CORPORATE AFFAIRS COMMISSION & ORS

(2013) JELR 35259 (CA)

Court of Appeal  •  CA/E/102/2004  •  18 Dec 2013  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Frank A. Chukuka Esq., For Appellant O.S. Imaji Esq. for 1st Respondent. F.U. Abazonu Esq. for 2nd - 8th Respondents. For Respondent

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. C.E. Archibong J. of Federal High Court Enugu delivered on 15th day of November, 2003 wherein he struck out the Plaintiff/Appellant's Suit in its entirety upon the Preliminary Objection raised by the 2nd - 8th Defendants/Respondents challenging the jurisdiction of the court.

At the Federal High Court, the Plaintiff/Appellant had in paragraph 17(a) - (h) of his statement of claim dated 21st day of October, 2002 at pages 12 - 13 of the record sought for the following reliefs:-

"WHEREOF the Plaintiffs has suffered damages and claims from the Defendants, jointly and severally, as follows:-

(a) A DECLARATION that the 2nd Defendant should not operate or carry on any of the objects or objectives of the Oraifite Improvement Union (O.I.U.) without a valid and subsisting certificate of incorporation issued by the 1st Defendant.

(b) A DECLARATION that the 2nd Defendant is not entitled to…

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