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MR. ANYANWU UKAENYI v. GEOSOURCE NIGERIA LIMITED & ANOR

(2018) JELR 38608 (CA)

Court of Appeal  •  CA/OW/153/2014  •  21 May 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): This appeal is completely lacking in merit. The suit is not only completely statute barred, but the writ of summons was so irregular, it could not activate the jurisdiction of the trial court. It is settled law that a defendant can challenge the Courts jurisdiction by way of preliminary objection without filing a statement of defence. See Attorney-General of the Federation v. Attorney-General of Anambra State (2017) LPELR 43491 (SC). Appeal dismissed with N50,000.00 costs to the 2nd Respondent.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I have had the privilege and read in advance, the lead judgment of my learned brother, Hon. Justice Raphael Chikwe Agbo, JCA which has just been delivered. Having duty perused the said lead judgment, I agree entirely with the reasoning and conclusion arrived thereat. I also agree with the orders made therein.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.

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