CHIEF BERTHRAND E. NNONYE V. D. N. ANYICHIE & ORS

TOBI, J.C.A. (Delivering the Leading Judgment): The plaintiff/appellant filed an action at the High Court, Awka for damages and return of money collected from the plaintiff. The respondent filed a motion praying the court for "an order striking out the suit for not being properly filed before the court." The motion was argued and upheld by the learned trial Judge. He said:

"The affidavit in support of this motion has merit on the issue prayed for in the motion paper. There is no need for me in this application to go into the non-observance of sec. 87 of the Evidence Law because this application succeeds on the issue of jurisdiction. The case of the plaintiff is therefore struck out."

Dissatisfied, the plaintiff filed an appeal. Briefs were filed and exchanged. Appellant filed six issues while respondents filed only one issue for determination. I do not intend to reproduce the issues here.

Taking Issues Nos. 1 and 2 together, learned counsel for the appellant, Dr. Felix Obi argued that…