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POLICE COMMISSIONER AMEN EDORE OYAKHIRE & ORS. v. ALHAJI MOHAMMED NEKAJEN

(2000) JELR 42616 (CA)

Court of Appeal  •  CA/J/131/99  •  12 Jul 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

CHUKWUMA-ENEH, J.C.A. (Delivering the Lead Ruling): This interlocutory appeal is against the ruling of the Federal High Court Jos presided over by Mamman Kola J. dismissing the appellants' application on notice in suit No.FHC/L/CS/22/97; the applicants sought for the following reliefs to wit:

"(a) An order of this Honourable court transferring this suit to the Taraba State High Court for the reason that this Honourable court lacks jurisdiction to entertain same (in the alternative).

(b) An order transferring the suit to Federal High Court Yola for the reason that the suit has been commenced in a wrong judicial division by the court..."

The application was refused by the court below for the following reasons:

(1) "It has already been commenced before this court which, as I have already observed above, has jurisdiction to adjudicate upon it. Added to this, is the fact that the applicants seek for the transfer of this matter to Taraba State High Court only on the ground of want of jurisd…

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