EDWARD EGONU & ORS V. MADAM EZIAMAKA EGONU & ORS
August 2, 2025LASUPO AKANNI & ORS V. ADEDEJI MAKANJU & ORS
August 2, 2025Legalpedia Citation: (1978-11) Legalpedia (SC) 41111
In the Supreme Court of Nigeria
Fri Nov 24, 1978
Suit Number: SC. 384/1975
CORAM
ALEXANDER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
A.T. KIREN
APPELLANTS
PASCAL & LUDWIG INC
RESPONDENTS
AREA(S) OF LAW
PROCEDURAL LAW- JURISDICTION
SUMMARY OF FACTS
The plaintiff (appellant) claimed against the defendant (respondent) the sum of £16,000 (N32,000) for unlawful dismissal of the plaintiff from the employment of the defendant.
HELD
The Supreme Court held that the right of appeal from the Court of Appeal to the Supreme Court and the conditions under which the Supreme Court could exercise its undoubted jurisdiction to hear and determine appeals from the Court of Appeal, were provided for in Section 34 of the Court of Appeal Edict, 1967, read together with Section 117 of the Constitution of the Federation and Section 53 of the Constitution of the former Western Nigeria.
ISSUES
Whether or not leave of the Court of Appeal was required to enable the defendant/respondent to appeal to the Supreme Court against the decision (or decisions) of the Court of Appeal
RATIONES DECIDENDI
RIGHT OF APPEAL
“When compared with Section 34 of the Court of Appeal Edict 1967, it becomes clear that while in Section 98 (6) of Cap. 181 no reference is made to appeals “with or without leave”, Section 34 of the Edict takes full congnizance of circumstances in which a right of appeal may be exercised “with or without leave” to the Court of Appeal in the first instance and similarly to the Supreme Court, in accordance with the existing law relating thereto, with the necessary modifications.” Per ALEXANDER, CJN
CASES CITED
University of Ibadan v. Adamolekun (1967) 1 All NLR 213
Amudipe v. Arijodi (S.C.381/75)
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria
The Court of Appeal Edict, 1967
The Constitution (Suspension and Modification) Decree 1966
