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SURVEYOR PEDRO NNOROM v. THE ATTORNEY GENERAL IMO STATE & ANOR

(2017) JELR 38136 (CA)

Court of Appeal  •  CA/OW/95/2011  •  6 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling delivered on 14/10/2010 by the Federal High Court holden in Owerri presided over by Olubanjo, J; (hereafter to be simply referred to as the lower Court and learned trial Judge respectively) upholding the preliminary objection challenging the jurisdiction of the lower Court to entertain the instant case and consequently ordering that the case be transferred to the Chief Judge of Imo State for assignment to a Judge of the case for determination upon finding that the lower Court has no jurisdiction to entertain the case.

The Appellant on record as plaintiff initiated the instant case against the Respondents on record as Defendants by way of writ of summons which issued on 10/9/2010. The writ of summons was accompanied with a statement of claim dated 10/9/2010. The claims of the Appellant against the Respondents as contained in Paragraph 50 of the statement of claim and which are no…

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