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HIGH CHIEF (DR.) SAMA EKPO SAMA v. HIS HIGHNESS NTOE EDET ETIM OMIN & ORS

(2018) JELR 38366 (CA)

Court of Appeal  •  CA/C/68/2017  •  20 Jul 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Calabar Judicial Division of the High Court of Cross River State in Suit No. HC/155/2013 delivered on 25th day of November, 2013 by M. Edem, J. (as he then was).

The Appellant was the Plaintiff in that Court while the Respondents were Defendants.

The Appellant on 21st day of May 2013 took out a writ of summons of the Court below. All the originating processes were filed along with the writ of summons including the statement of claim and other processes. Parties were served with the processes. The Respondents through their Counsel filed a motion on notice on the 17th day of September, 2013 praying for an order dismissing the suit for being incompetent and for want of jurisdiction. At pages 45 to 46 of the record of appeal is the said motion on notice.

The reliefs sought by the motion are in the main two and the grounds are two. These are couched as follows:

(1) AN ORDER dismissing this…

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