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UNITED CEMENT COMPANY OF NIGERIA LIMITED v. AKAMKPA LOCAL GOVERNMENT COUNCIL & ORS

(2016) JELR 42313 (CA)

Court of Appeal  •  CA/C/91/2013  •  1 Jul 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting at the Calabar Judicial Division Coram Honourable Justice E. A. Obile, delivered on Wednesday, March 27, 2013 wherein the learned trial Judge declined jurisdiction to entertain the suit of the Appellant and made an order transferring the Appellant's suit to the Chief Judge of Cross River State.

The Appellant, as plaintiff had filed an originating summons in the Calabar Judicial Division of the Federal High Court, praying inter alia for a declaration that the 1st Respondent herein, sued as 1st defendant therein, does not have the constitutional right to recognize and/or authorize any person or group of person(s) or association as Mines and Quarry Development Association and to operate as such. Learned Counsel for the Respondents filed a Preliminary Objection objecting to the jurisdiction of the Court on the grounds that the dispute between the parties was …

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