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CaseLaw

Anyanwoko Vs. Okoye (2010) CLR 1(b) (SC)

Judgement delivered on January 22nd 2010

Brief

  • Preliminary objection
  • Originating summons
  • Non Joinder of necessary parties

Facts

This action was commenced at the High Court of the Federal Capital Territory Abuja on or about the 29th of July 2003 by a process described and headed as "originating summons". The Plaintiffs were the Respondents at the Court below and also the Respondents here. The Defendant was the Appellant at the lower Court and also the Appellant before this Court. In the originating summons the Respondents prayed for:-

  • 1
    A declaration that the 1st Plaintiff is the lawful wife of the deceased, having been married under the Act.
  • 2
    An order of Court vacating the caveat filed by the Defendant and her Solicitor at the Probate Registry stopping the Plaintiffs from obtaining Letters of Administration of the deceased estate.
  • 3
    An order granting accelerated hearing of this suit.
  • 3
    And for further and other orders as this Honourable Court may deem fit to make in the circumstances.

A notice of preliminary objection dated 10/10/03 was filed. It prayed that the suit be struck out for being incompetent and a flagrant abuse of Court process. The grounds for objection were stated to be:

  • 1
    That the Court lacks the jurisdiction to hear the case.
  • 2
    That the suit was not commenced in accordance with the prescribed Rules of Court.
  • 3
    That the claim being contentious involves substantial dispute of facts; and
  • 4
    That all necessary parties and material facts are not before the Court.

The preliminary objection was argued. In its ruling on the 12th of December 2003 the objection was dismissed for lack of merit.

The 1st Defendant proceeded on appeal to the Court below. By its unanimous decision on the 24th of March 2005 the appeal was dismissed.

Issues

  • 1
    Whether the suit at the High Court was commenced by due process of law so...
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