DOTUN FATILEWA V THE STATE
May 30, 2025BARR. ENNOCH ETSU KWALI AND ANOR V HON ISAH EGAH DOBI AND 37 ORS
May 30, 2025Legalpedia Citation: (2008-05) Legalpedia (SC) 91114
In the Supreme Court of Nigeria
Fri May 2, 2008
Suit Number: SC.262/2001
CORAM
IBRAHIM TANKO MUHAMMAD, JUSTISCE SUPREME COURT.
PARTIES
1. CHIEF ETETE S. OWO
2. CHIEF OTUGOT M. A. AWOH
3. CHIEF PROMISE U. I. MBORH
4. CHIEF ALBERT B. E. ISIEDANG(For themselves and as representing Asarama Community)
APPELLANTS
CHIEF KINGSTON U. ASUK & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants sought from the trial court declaratory and injunctive reliefs in respect of chieftaincy dispute. Parties further resolved to settle out of court. Meanwhile there was an application by a set of interested parties to be joined in the suit. Refusing the application, the court struck out the entire claim. A successful appeal by the Respondents at the Appeal Court led to this present appeal.
HELD
Appeal allowed. The Supreme Court held that the Respondents’ appeal before the Court of Appeal was incompetent and it had no jurisdiction to entertain same.
ISSUES
(i) Whether the Defendants appeal before the Court of Appeal was competent and the Court of Appeal had jurisdiction to entertain the same.(ii) Whether, from the circumstances of this case, the Court of Appeal was right to allow the Defendants’ appeal and enter consent judgment in line with the purported terms of settlement signed by Counsel alone.?
RATIONES DECIDENDI
CASES CITED
1. Ugo v. Obiekwe (1989) 1 N.W.L.R. (Pt. 99) 566 2. Sanusi v. Ayoola (1992) 9 N.W.L.R. (Pt. 265) 275 at 291 3. Akpan v. The State (1992) 6 N.W.L.R. (Pt. 248) 439 at 466.
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 19792.
