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MR. OGOEGBUNEM UWAJEH & ORS V. DR. M.K.C. UWAJEH

(2007) JELR 44030 (CA)

Court of Appeal  •  CA/B/159/2001  •  21 Jun 2007  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; STANLEY SHENKO ALAGOA JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement

SAKA ADEYEMI IBIYEYE, J.C.A.: (Delivering the Leading Judgment) This appeal is against the ruling of Narebo, J. of the Delta State High Court of Justice sitting at Issele-Uku in which he refused to sustain the preliminary objection raised by the 1st, 2nd and 4th plaintiffs filed on 27/3/2001 after the, Writ of Summons had been filed and two memorandums of appearance he have also been filed on the 8/3/2001 and 13/3/2001 by the 1st, 2nd and 4th defendants and 3rd defendant respectively.

It is pertinent to reproduce the notice of preliminary objection and the order sought as well as the particulars, which read:

"1. That the plaintiffs/respondents' Writ of Summons dated 25th day of January 2001 and filed on 30/1/2001 be dismissed or set aside.

2. And for such further Order(s) as this Honourable Court may deem fit to make in the circumstances.

PARTICULARS

(a) The Writ of Summons is fundamentally defective.

(b) The Order and the Writ of Summons do not comply with the provisions of our Rules…

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