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R.C.A.P. (Nig.) Ltd v. Governor, Oyo State

ROYAL CHEMICAL AND ALLIED PRODUCTS NIGERIA LIMITED

V

THE GOVERNOR OF OYO STATE

THE ATTORNEY-GENERAL, OYO STATE

COURT OF APPEAL

( IBADAN DIVISION )

AMINA  A. AUGIE JCA ( Presided and Read the Lead Judgment  )


ALFRED PEARSON EYEWUMI AWALA JCA

JOHN INYANG OKORO JCA

CA/I/98/04

THURSDAY, 14 JUNE 2007

AGENCY - Disclosed principal - Acts of agent of - Liability for

ACTION - Cause of action - What is - Reasonable cause of action When disclosed in a statement of claim

ACTION - Necessary parties - Non-joinder of all - Whether action is rendered incompetent in consequence of

ACTION - Party to - Making a person as - Basis of

ACTION - When is proper before court

JURISDICTION - Meaning of - Fundamental nature of

JURISDICTION - Issue of - When may be raised

JURISDICTION - Objection to - When may be raised 

JURISDICTION - Parties - Where there are no proper parties before court - Lack of jurisdiction of court to adjudicate on matters

PRACTICE AND PROCEDURE - Demurrer - Dismissal of an incompetent action - Application for - Whether amounts to a demurrer

Issue:

Whether the trial court was right in dismissing plaintiff’s action.

Facts:

The plaintiff was granted a lease by the Nigerian Railway Corporation on the latter’s land in 1995. He built a large factory and a block of offices on it. In 2003, agents of the defendants entered the land and demolished the structures and equipment. He, therefore, instituted an action in the Oyo State High Court of Justice, claiming various sums of money as value for its demolished structures, costs of its equipment and general damages for the trespass committed by the defendants. It also prayed for an order of perpetual injunction restraining the defendants from further trespass. The defendants raised a preliminary objection challenging the competence of the suit on grounds of non-disclosure of party and lack of cause of action. The trial court upheld the objection and dismissed plaintiff’s action. Aggrieved, the plaintiff appealed to the Court of Appeal.