POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

OMAGE, J.C.A.: I am privileged to read in advance
the lead judgment of my learned brother, I.
Thomas, JCA. It is evident from the printed record
that the proper parties were not in the court below.
The Court is thereby without jurisdiction to hear
the plaint for it would be unjust to determine the
salient issues in the matter without the proper
parties and deny the parties any hearing, when the
parties were not served. The appeal is struck out.
I abide by the consequential order for costs.
SAULAWA, J.C.A.: I have had the privilege of
reading the draft of the lead judgment of my
learned brother THOMAS, JCA, just delivered by
him. I agree with him that this appeal has merit
and ought to thus be allowed. However, for
purposes of emphasis I have deemed it most
appropriate to make my own contribution.
As it would appear from the records, this is an
appeal against the judgment of the lower court in
suit NO FHC/PH/126/95 dated 30/11/99 Coram
P.F. OLAYWOLA in the said suit the present.
Respondent had claimed against the Appellants
severally and jointly, as follows:
(a) N300,000,00 (Three Hundred Thousand naira)
only as special damages or the actual market value
of the Minolta power supply boards which the
defendants accepted from the Plaintiff for carriage
to America but failed or defaulted to do so as
contracted or return same to the Plaintiff or
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