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(2013) JELR 53392 (CA)

Court of Appeal  •  CA/K/15/2007  •  26 Jun 2013  •  Nigeria

ABDU ABOKI JCA (Presided and Read the Lead Judgment)


ABOKI JCA (Delivering the Lead Judgment): This appeal is against the ruling of the Federal High Court, Kaduna delivered on 25 July 2004 by A. M. Liman J.

The facts of the case briefly are that the respondent who was the landlord of the appellant, instituted an action against the appellant before the Federal High Court, Kaduna claiming arrears of rent and cost of renovation/repairs of the premises occupied by the appellant. At the hearing of the matter the appellant filed a motion on notice praying the trial court to strike out the suit on the ground that by virtue of the provisions of section 251(1) of the Constitution of the Federal Republic of Nigeria, 1999, the court lacked the jurisdiction to entertain the suit since the claim did not contain declarations, or injunctions and neither did it relate to the management/control of the Federal Government or any of its agencies.

The trial court after hearing arguments from the parties ruled that it had jurisdiction t entertain the matter ha…

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