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ONDO STATE DEV. & PROPERTY CORPORATION v. JIMZEST HOTEL DEV. CO. LTD.

(2011) JELR 44211 (CA)

Court of Appeal  •  CA/B/13/2006  •  9 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 27/5/05 and a statement of claim dated 12/7/05 and filed on 13/7/05, the respondent herein, as plaintiff instituted an action before the Ondo State High Court sitting at Akure against seven defendants, including the appellant herein who was the 2nd defendant, seeking among other reliefs a declaration that the revocation of its Certificate of Title in respect of its property situate, lying and being at Ijapo Estate, Akure by the 1st defendant (the Governor of Ondo State) via a letter dated 15th April 2005 is unconstitutional and void. The plaintiff further sought the return of its construction tools, damages and injunction. Upon being served with the processes, the 2nd defendant/appellant filed a notice of preliminary objection dated 4/10/05 for an order striking out the suit on the ground that the court lacked jurisdiction to entertain it for failure of the respondent to serv…

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