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A. A. OHAJI & Ors v. CHIEF PIUS UNAMKA & Ors

(2010) JELR 33023 (CA)

Court of Appeal  •  CA/PH/155/2001  •  10 Jun 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellants against the Ruling of Hon. Justice B. A. Njemanze sitting at Imo State High Court, Aboh Mbaise dated 12th day of April 2000 striking out the Appellant case on the ground that the action as presently constituted disclosed no cause on the ground that the action as presently constituted disclosed in cause of action.

The ruling is sequel to a motion filed by the 1st Respondent in the Imo State High Court sitting at Aboh Mbaise pursuant to order 24 Rules 2, 3 and 4 of the Imo State High Court (Civil Procedure) Rules 1988 and on the inherent Jurisdiction of the court praying as follows:

1) An Order dismissing the Plaintiffs suit on the grounds that the Court lacks jurisdiction to entertain same by virtue of the fact that it was instituted in gross violation and/or contravention of section 25 of the Traditional Rulers and Autonomous Communities law No. 11 of 1981.

2) The Plaintiffs have n…

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