DAMG PAM VS SALE DANG GWOM
June 26, 2025NIGERIAN BANK FOR COMMERCE AND INDUSTRY V. ALFIJIR (MINING) NIG. LTD.
June 26, 2025Legalpedia Citation: (1999) Legalpedia (SC) 51119
In the Supreme Court of Nigeria
Fri Dec 17, 1999
Suit Number: SC. 225/1993
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
OKAY ACHIKE, JUSTICE, SUPREME COURT
PARTIES
1. ALHAJI AWESU ATANDA ADEYEMI2. ALHAJI RASHIDI AYINLA ADESHINA(Executors of the Estate of Alhaji Fasasi Adisa Adeshina) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants appealed against the refusal of the trial court to grant them interlocutory injunction on grounds of lack of standing to bring the application. The court of appeal struck out the entire suit on grounds of locus standing.
HELD
The court held that the court of appeal went outside the notice of appeal before it in making the order and set it aside. ?
ISSUES
Whether the Court of Appeal can competently exercise power to set aside a writ of summons and strike out a suit in the absence of an appeal against the High Court’s refusal to do so.?
RATIONES DECIDENDI
CASES CITED
SANUSI V. AMEYEGUN (1992)4 NWLR (Pt.237) 527; OKONJI V. NJOKANNA(1991) 7NWLR (Pt.202)131;ANYADUBA V. N.R.T.C LTD. (1992) 5 NWLR (Pt. 243) 535.
STATUTES REFERRED TO
NONE
