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TIGA GREEN FARMS AGRICULTURAL (NIG.) LTD v. MITSUI O. S. K. LINES LTD & Anor

(2005) JELR 45177 (CA)

Court of Appeal  •  CA/L/12/99  •  17 Mar 2005  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; CLARA BATA OGUNBIYI JCA; MOHAMMED LAWAL GARBA JCA;

Judgement

GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court in suit No. FHC/L/CS/1362/96 delivered on 31st October, 1997 in which the court struck out the suit on the ground that the appellant/plaintiff had no locus standi to sue.

The order was made in demurrer application by the respondent/defendant and the appellant being dissatisfied therewith, filed a notice of appeal on 21/11/97 containing 3 grounds. The appellant, with the leave of court, filed an amended notice of appeal on the 6/6/02 also containing 3 grounds as follows:

"3.1 Error in law

The learned trial Judge erred in law in admitting exhibit FA1 attached to the motion on notice dated 15/5/97 (demurrer proceedings) in evidence and in relying on it.

Particulars of error

The learned trial Judge failed to appreciate that in a demurrer proceedings a defendant/applicant is not allowed to tender any evidence; and that it is only the averment in the statement of claim that shall be …

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