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JOSEPH ONA & ANOR V. ALHAJI DIGA ROMANI ATENDA

(2000) JELR 43969 (CA)

Court of Appeal  •  CA/A/54/97  •  27 Jan 2000  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; SUNDAY AKINOLA AKINTAN JCA; ZAINAB ALIYU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

AKINTAN, JCA (Delivering the Leading Ruling): The plaintiff/respondent, Alhaji Diga Romani Atenda, had instituted this action at the Abuja Judicial Division of the High Court of the Federal Capital Territory as Suit No. CV/315/96 against the two defendants/appellants, Joseph Ona and Festus Ona. The plaintiff's claim against the two defendants, as set out in paragraph 28 of the Statement of Claim which was filed along with the writ of summons is as follows:-

"Whereof the plaintiff claims the following court reliefs:-

(a) One Million, Five Hundred Thousand Naira (₦1,500.000.00) damages for trespass to property, harassment, humiliation, defamation, damage to reputation and good will.

(b) Perpetual injunction restraining the defendants by themselves, agents and privies from any further trespass to the property in dispute and the person of the plaintiff."

The defendants filed a memorandum of appearance and thereafter their counsel raised a preliminary objection as to the jurisdiction of t…

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