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BRO. EMMANUEL OGIDI v. NIGERIA IMMIGRATION SERVICE

(2017) JELR 37369 (CA)

Court of Appeal  •  CA/B/117/2014  •  25 Oct 2017  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State sitting at Warri in Suit No. W/210/2012 between BRO. EMMANUEL OGIDI (for himself and on behalf of members of the Ogidi family of Ellu) v. NIGERIA IMMIGRATION SERVICE delivered by Okoh, J. on 28/05/2013. The appellant was the claimant, while the respondent was the defendant/counter-claimant in the trial Court. The trial Court struck out the appellants suit for being an abuse of Court process. The respondents counterclaim was also struck out.

The appellants brief filed 10/05/2016 contains two issues for determination, formulated as follows:

1. Whether the learned trial judge (Hon. Justice M.C. Okoh) was right to rely on the ruling in Suit No. W/452/2009 to hold that the Appellants action was an abuse of process when in fact the ruling given outside of jurisdiction was itself a nullity, having regard to the fact that the learned trial judge in that…

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