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JACOB UGBU TIMOTHY OLI (For themselves and as representing Umu- Or lukwor o f U muakpa Family o f Og bo village, Ahoada) V. ALBERT IKERECHI JONAH NWAOLUMA (For themselves and as representing Umueke of Agwolo family of Ogbo village, Ahoada)

(2009) JELR 56974 (CA)

Court of Appeal  •  CA/PH/140/2007  •  11 Mar 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA EJEMBI EKO JCA

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice, Rivers State holding at Port Harcourt in its appellate jurisdiction, Coram A. W. Jumbo (J) delivered on 21 February 2006 refusing to relist a suit which was struck out for about two years before the application to relist same was brought in the lower court.

By a notice of preliminary objection dated 10 September 2004, the plaintiffs/respondents/applicants herein expressed their intention of raisingobjections to the relisting of the struck out appeal and/or amendment of the same, based on the grounds of jurisdiction and irregular procedure adopted thereby on the following grounds: “The honourable court lacks jurisdiction to entertain the said relistment/amendment application as the appellants in this case lack the locus standi to prosecute the appeal in suit No. OHC/ 1A/2000.

The said appeal No. OHC/1A/2000 sought to be relisted is incompetent and ought to be dismissed. Th…

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