CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
NASIR, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
ANICHE NZONWANNE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from the judgment of the High Court. When the appeal came up for hearing , the case was adjourned to enable service of the Motion on Notice filed by the appellants to be made on the respondent. When the appeal came up again for hearing, learned counsel for the appellants, Mr. Molajo, was in court. Neither the respondents nor their counsel were in court. There was proof of service of the hearing notice on the respondents solicitor and on the respondents. This court therefore allowed learned counsel for the appellants to move his motion on notice.
HELD
The claim was struck out. The appeal was allowed and the judgment of the trial judge including his order as to costs was set aside
ISSUES
1. The proceedings are a nullity because the action was commenced by a Writ of Summons not issuing from the High Court of any territory in Nigeria but from the High Court of the Republic of “BIAFRA” and the High Court of Onitsha in purporting to take over the proceedings from the “Biafran” High Court, was incompetent to do so.
2. The proceedings are nullity because the Statement of Claim with plan was filed not in the High Court of any territory in Nigeria but in the High Court of the Republic of Biafra holden at Ihiala and the High Court of Onitsha has no power to take cognisance of such statement of claim much less to make an interlocutory order under it as if it were a pending case.
RATIONES DECIDENDI
THE ILLEGALITY OF A WRIT OF SUMMONS
“Once the writ of summons is illegal everything also subsequent to the illegality is void.” Per NASIR, JSC.
CASES CITED
NIL
STATUTES REFERRED TO
The Judicial Acts Validation Edict, 1970 (Edict No. 3 of 1970)
The Federal Military Government (Supremacy and Enforcement of Powers) Decree, 1970 (Decree No. 28 of 1970).