[2024]DLHC18282 • May 7, 2024 • High Court
LANDS COMMISSION vs. NUMO NOI OSIKAN III.
R U L I N G This Ruling is in respect of an application filed by the Defendant (hereinafter called the Applicant) on the 20th day of November, 2023 praying for an Order to dismiss the Plaintiff’s action under the inherent jurisdiction of the Court for Want of Jurisdiction of the Court and an abuse of the legal process. The crux of the Application was that the Plaintiff in the present suit (hereinafter called the Respondent) on the 13th day of July, 2023 commenced an action to set aside an earlier judgment dated 21st July, 2022 in SUIT NO. LD/1094/2019 ENTITLED: NII OKWEI KINKA DOWUONA VI SUBSTITUTED BY NII AKO NORTEI SUBSTITUTED BY NUUMO NOI OSIKAN VRS THE ATTORNEY GENERAL & THE LANDS COMMISSION. In that suit, the Respondent was sued as the 2nd Defendant together with the Attorney General on 9th August, 2019 where it filed a Statement of Defence and a Witness Statement, but failed to attend trial, so judgment was eventually entered against it. The Applicant in his Writ of Summo.....