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CHRISTOPHER OGIDI & ORS v. MUOBIKE OKOLI & ORS

(2014) JELR 36634 (CA)

Court of Appeal  •  CA/E/201/2008  •  31 Mar 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 20-3-2000, the High Court of Anambra State struck out consolidated suit Nos. AA/6/75 and AA/19/76 on the grounds that it had no jurisdiction to entertain matters relating to lands in non-urban areas of the State.

By a motion on notice dated and filed on 7-3-2006, the defendants (now respondents herein) applied for an order granting leave to the Registrar of the trial court to relist the case which was struck out on 20-3-2000 for lack of jurisdiction.

Following the addresses of Learned counsel on both sides the trial court on the 29-10-2007 rendered its ruling granting the application and granting leave to its Registrar to relist the case. Dissatisfied with this ruling of the trial court, the plaintiffs in the consolidated suits who were respondents to the application to relist on 12-11-2007, commenced this appeal No. CA/E/201/2008 by filing a notice of appeal containing one ground of appeal as follows- "The learn…

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