OYEBISI AFOLABI USENFOWOKAN VS SULE SALAMI IDOWU & ANOR
August 9, 2025A.O. SODIMU VS NIGERIAN PORTS AUTHORITY
August 9, 2025A.O. OBIKOYA VS THE REGISTRAR OF COMPANIES AND OFFICIAL RECEIVER OF POOL HOUSE GROUP (NIGERIA) LTD.
Legalpedia Citation: (1975) Legalpedia (SC) 11737
In the Supreme Court of Nigeria
Fri Apr 18, 1975
Suit Number: SC. 60/1975
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
A.O. OBIKOYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent made an application to the trial court seeking the sanction of the court to enable the applicant continue a court action which was originally instituted by a company (in which he was a director) before it was wound-up.
HELD
The Supreme Court held that the trial court had no jurisdiction to try the matter in the first place and the best way out might be to start a fresh action in the matter before the Federal Revenue Court.
ISSUES
Whether the trial court had jurisdiction
RATIONES DECIDENDI
EFFECT OF EXISTENCE OR ABSENCE OF JURISDICTION IN THE COURT OF TRIAL
“This is because the existence or absence of jurisdiction in the court of trial goes to the root of the matter so as to sustain or nullify the trial Judges decision or order in respect of the relevant subject-matter.” Per ELIAS, CJN
CASES CITED
STATUTES REFERRED TO
Federal Revenue Court Decree 1973
