ASSOCIATED DISCOUNT HOUSE LIMITED V AMALGAMATED TRUSTEES LIMITED

CORAM

ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT

S.O. UWAIFO,JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT

PARTIES

ASSOCIATED DISCOUNT HOUSE LIMITED APPELLANTS

AMALGAMATED TRUSTEES LIMITED

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was sued at the Federal High Court. It successfully brought a preliminary objection against the jurisdiction of that court to hear the matter. As a result the case was transferred to the State High Court. At the State High Court, it then brought another preliminary objection that the State High Court also has no jurisdiction over the matter.

HELD

APPEAL DISMISSED

ISSUES

Whether given the circumstances of this case the Supreme Court ought to set aside its judgment delivered on 5th May, 2006 and re-hear the appeal.

RATIONES DECIDENDI

CIRCUMSTANCES WHERE PARTIES AND COURT WOULD BE BOUND BY ISSUES BEFORE THEM

“Parties and the Courts are bound by the issues presented to the Court for trial – parties are not allowed to make a new case in each court – It is settled law that parties are bound by the case they presented to the court and the issues raised thereby for trial. Similarly the court is bound to limit itself to the case presented and the issues raised by the parties” PER TABAI J.S.C

CASES CITED

Akinfolarin v. AkinolaNational Investments and Property Co. Ltd v. Thompson Organisation Ltd;Onyia v. Onyia; Enang v. Adu?

STATUTES REFERRED TO

None.

ASSOCIATED DISCOUNT HOUSE LIMITED V AMALGAMATED TRUSTEES LIMITED

CHIEF SUNDAY OGUNYADE V SOLOMON OLUYEMI OSHUNKEYE & ANOR

IFEANYI CHUKWU OKONKWO V DR. CHRIS NWABUEZE NGIGE & ORS

CHIEF SUNDAY OGUNYADE V SOLOMON OLUYEMI OSHUNKEYE & ANOR

IFEANYI CHUKWU OKONKWO V DR. CHRIS NWABUEZE NGIGE & ORS

ASSOCIATED DISCOUNT HOUSE LIMITED V AMALGAMATED TRUSTEES LIMITED

Legalpedia Citation: (2007) Legalpedia (SC) 72111

In the Supreme Court of Nigeria

Fri Jul 13, 2007

Suit Number: SC. 289/2002 (NO 2)

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

CIRCUMSTANCES WHERE PARTIES AND COURT WOULD BE BOUND BY ISSUES BEFORE THEM

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

legaladmin

ASSOCIATED DISCOUNT HOUSE LIMITED V AMALGAMATED TRUSTEES LIMITED

CHIEF SUNDAY OGUNYADE V SOLOMON OLUYEMI OSHUNKEYE & ANOR

IFEANYI CHUKWU OKONKWO V DR. CHRIS NWABUEZE NGIGE & ORS

CHIEF SUNDAY OGUNYADE V SOLOMON OLUYEMI OSHUNKEYE & ANOR

IFEANYI CHUKWU OKONKWO V DR. CHRIS NWABUEZE NGIGE & ORS

Legalpedia Citation: (2007) Legalpedia (SC) 72111

In the Supreme Court of Nigeria

Fri Jul 13, 2007

Suit Number: SC. 289/2002 (NO 2)

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

CIRCUMSTANCES WHERE PARTIES AND COURT WOULD BE BOUND BY ISSUES BEFORE THEM

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

legaladmin

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