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HON. PROF. CHUDI UWAZURIKE & ANOR v. CHIEF AUSTIN NWACHUKWU & ANOR

(2012) JELR 41931 (SC)

Supreme Court  •  SC.272/2012  •  7 Dec 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; SULEIMAN GALADIMA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division in Appeal No.CA/OW/164/2011, delivered on the 28th day of May, 2012 in which the court dismissed the appeal of the appellants against the ruling of the Federal High Court in Suit No.FHC/OW/CS/75/2011 delivered on the 1st day of April, 2011 in which the court overruled the preliminary objection of the appellant against the jurisdiction of that court to hear and determine the matter.

On the 14th day of March, 2011, the 1st respondent caused a writ of summons to be issued against the appellants and 2nd respondent in which he claimed the following reliefs:-

"(a)An order of the court restraining the 2nd Defendant from submitting to the 1st Defendant, the name of the 3rd Defendant or any other name except the name of the Plaintiff as the PDP candidate at the forth coming election into the Federal House of Representatives for Ehime Mbano/Ihitt…

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