HEMBADOOM TORTYA V. WURUKUM VILLAGE MARKET WOMEN MULTI-PURPOSE CO-OPERATIVE SOCIETY LIMITED & ANOR.
(2013) JELR 35792 (CA)
Court of Appeal
•
CA/J/377/2007
•
6 May 2013
•
Nigeria
Coram
JA'AFARU MIKA'LU JCA;
ADZIRA GANA MSHELIA JCA;
SAMUEL C. OSEJI JCA;
Appearances
R. A. Mom Esq. For Appellant
T. D. Pepe Esq. with F. T. Kusugh Esq. For Respondent
Judgement
<p><strong>JA'AFARU MIKA'ILU, JCA</strong> (Delivering the Leading Judgment): This is an appeal against the ruling of Makurdi High court of Justice delivered on the 23rd of June, 2006 in Suit No.MHC/117/2006.</p><p> The plaintiffs, now the respondents, had sued the appellant in suit No.MHC/117/2006 seeking for the following reliefs:-</p><p> a. "An order setting aside the judgment of this Hon. Court in suit No.MHC/62/2006 dated 04/05/2006.</p><p> b. An order restraining the defendant from further flouting the order of suspension imposed on her, or re-opening her stall on account of the judgment of this Honourable court in Suit No.MHC/62/2006 dated 04/05/2006.</p><p> c. General damages for defamation of the character of the plaintiff in the sum of N400,000 (four hundred thousand naira) only.</p><p> d. An other (order) of injunction restraining the defendant from further defamation of the plaintiffs."</p><p> The appellant filed a preliminary objection challenging the jurisdiction of the trial court, which objection in ruling dated 23rd June, 2006 w…</p>