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HON. EZE AMA NWA-UWA v. PEOPLES DEMOCRATIC PARTY & ORS

(2017) JELR 37691 (CA)

Court of Appeal  •  CA/OW/263/2016  •  25 Jul 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 25/4/2016 by the Federal High Court holden in the Owerri Judicial Division presided over by Hon. Justice S.M. Shuaibu (hereafter to be simply referred to as the lower Court and the learned trial Judge respectively). The lower Court in its judgment struck out the case of the Appellant who was the Plaintiff before it, in limine, having upheld the preliminary objection (hereafter to be simply referred to as P.O.) of the 1st and 2nd Defendants therein (now 1st and 2nd Respondents), challenging the jurisdiction of the said lower Court to entertain the case.

The Appellant commenced the instant case by way of originating summons dated 6/2/2015 and filed on 9/2/2015 and accompanied with a supporting affidavit to which exhibits were annexed. The Appellant posed three questions for the determination of the lower Court in the originating summons and they read thus:

1. Whether t…

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