TIGA GREEN FARMS AGRICULTURAL (NIG.) LTD V. MITSUI O. S. K. LINES LTD & ANOR
(2005) JELR 45177 (CA)
Court of Appeal
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CA/L/12/99
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17 Mar 2005
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JCA;
CLARA BATA OGUNBIYI JCA;
MOHAMMED LAWAL GARBA JCA;
Appearances
J. N. McCarthy Mbadugha, Esq. (with him, Uzochukwu C. Uche, Esq.) For Appellant
Olorunfemi A., Esq. For Respondent
Judgement
<p>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.</p><p> 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:</p><p> "3.1 Error in law</p><p> 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.</p><p> Particulars of error</p><p> 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 …</p>