TRANS BRIDGE COMPANY LIMITED VS. SURVEY INTERNATIONAL LIMITED
July 21, 2025NASARALAI ENTERPRISES LTD. VS ARAB BANK NIGERIA LTD.
July 21, 2025Legalpedia Citation: (1986-07) Legalpedia 19717 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Thu Jul 10, 1986
Suit Number: SC 95/1985
CORAM
BELLO, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
COKER,JUSTICE SUPREME COURT
KARIBI – WHYTE, JUSTICE SUPREME COURT
SAIDU KAWU, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
A.M.O. AKINSANYA (Alias M.O. Akins.)(Trading under the style and name of Rocy Merchants Company)
APPELLANTS
UNITED BANK OF AFRICA LTD.
RESPONDENTS
AREA(S) OF LAW
JURISDICTION OF THE COURT
SUMMARY OF FACTS
The Respondents were seeking enlargement of time within which they may file their notice of Appeal on the decisions by the learned Justices of the Court of Appeal on the issue of jurisdiction, of the trial Court, to deal with this matter. The Appellant sued the respondents in the High Court to recover his money and documents. The trial judge, after taking evidence, found against the Appellant. The Appellant appealed to the Court of Appeal and, in a well-considered judgment, concurred with the decision of the High Court and dismissed the Appellant’s appeal. It was from this decision that the Appellant appealed to the Supreme Court.
HELD
The appeal failed and was dismissed.
ISSUES
1. Lack jurisdiction in the State High Court.
2. Whether the matter is final or interlocutory.
RATIONES DECIDENDI
PRACTICAL CONVENIENCE TO STICK TO ONE TEST
“That in this country in so far as the court of first instance is concerned, the nature of the order test should be adhered to and the test as pronounced by Alverstone, C. J. in Bozson v. Altrincham should be upheld by the Courts. There is no more magic in the Bozson v. Altrincham test. It is as a matter of practical convenience to stick to one test if it has been accepted for so long, and there is really nothing wrong with that.” Per KAYODE ESO, J.S.C.
EFFECT OF STRIKING OUT A CASE FOR LACK OF JURISDICTION
“If the court of first instance orders that a matter before it be terminated (struck out) for it has no jurisdiction to determine the issue before it, that is the end of all the issue arising in the cause or matter and there is no longer, any issue between the parties in that cause or matter that remains for determination in that court. But it would be interlocutory if its order is that it has jurisdiction for there will be reference of the remaining issues in the case to itself.” Per KAYODE ESO, J.S.C.
EFFECT OF STRIKING OUT A CASE FOR LACK OF JURISDICTION
“When a Court of Appeal rules and orders that a court of first instance had no jurisdiction in a cause which had been brought before it that is the end of the matter inn so far as that particular litigation goes between the parties in that Court of Appeal.” Per KAYODE ESO, J.S.C.
CASES CITED
Agbajo v. A-G Federal Republic of Nigeria (1986 2 N.W.L.R. 938
STATUTES REFERRED TO
Not Available
