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NIGERIAN INSTITUTE OF MEDICAL RESEARCH v. NATIONAL UNION OF ROAD TRANSPORT WORKERS

(2010) JELR 33684 (CA)

Court of Appeal  •  CA/L/808/07  •  21 May 2010  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

HON. JUSTICE ADAMU JAURO, J.C.A. (Delivering the Leading Judgment) :This is an appeal against the ruling of the Federal High Court Lagos, coram B. B. Aliyu J, delivered on 7th May, 2007 striking out the plaintiffs/appellant's suit for want of jurisdiction.

The facts culminating in this appeal are very simple and straight forward and can be aptly summarized thus: The plaintiff now appellant, a parastatal under the Federal Ministry of Health, was established by the National Science and Technology Development Agency Decree No.5 of 1977. The plaintiff instituted the suit leading to this appeal at the Federal High Court Lagos on 14/6/06 claiming ownership of a triangular piece of land measuring 8.8 acres situated at Edmund Crescent, Yaba Lagos and occupied by the defendant now respondent. The defendant neither entered appearance nor filed any defence to the plaintiff's claim. The matter came up before the trial court on 16/11/06, 1/2/07 and 22/2/07, respectively. The trial court raised th…

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