E. A. UTOMUDO V. MILITARY GOVERNOR OF BENDEL STATE & ORS

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The Plaintiff now Appellant instituted Suit No. B/347/87 in the High Court of Justice, Benin City in the former Bendel State, now Edo State against the Defendants now Respondents. The learned trial judge, Oni-Okpaku J (as she then was) dismissed the suit holding a lack of jurisdiction to entertain the suit. The plaintiff appealed to the Court of Appeal or Court below for short which in turn dismissed the appeal upholding the decision of the trial High Court. The Appellant, dissatisfied has come before the Supreme Court on appeal.

BACKGROUND FACTS:

The facts are, in my humble view best exposed by recourse to the Statement of Claim of the Appellant which I shall restate hereunder, viz:-

STATEMENT OF CLAIM:

1) The Plaintiff is a Nigerian, a senior Technical Officer (Mechanical) functioning as a Vehicle Inspection Officer, Ministry of Works Iruekpen until on or about the 6th of July, 1984 when he was purportedly dismissed …