A. M. O. AKINSANYA VS UNITED BANK OF AFRICA LTD

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.