WEST AFRICAN BREWERIES LTD V. SAVANNAH VENTURES LTD & ORS
June 18, 2025AUGUSTINE NDULUE V. NWANKWO IBEZIM
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 37111
In the Supreme Court of Nigeria
Mon May 27, 2002
Suit Number: SC. 102/1997
CORAM
UWANI MUSA ABBA AJI
CHRISTOPHER MITCHELL CHUKWUMA-ENEH , JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
A.O. ODUFYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The court of appeal, after setting aside the decision of the trial court striking out the committal proceedings against the 2nd- 6th defendants on a preliminary objection, proceeded to commit them for contempt. The 1st defendant was not a party to the committal proceedings and the 2nd and 5th defendants had been struck off the proceedings by the trial court.
HELD
The court held that though the court of appeal was right in setting aside the decision of the trial court upholding the preliminary objection to the committal proceedings, it was wrong to have proceeded to commit the defendants for contempt under section 16 of the Court of Appeal Act.
ISSUES
1. Whether there was non-compliance with the judgment (Enforcement Rules)?2. Whether an order of committal should have been made against the 2nd and 5th defendants who were not parties to the committal proceedings?3. Should the Court of appeal have proceeded to determine the application for Committal?4. The Attorney General not being a party to the Committal proceeding and against whom no order was made, whether he has any right of appeal in this matter??
RATIONES DECIDENDI
LIMITATIONS ON THE POWERS OF THE COURT OF APPEAL UNDER SECTION 16 OF THE ACT
One incontestable limit to the power of the Court of Appeal to assume full jurisdiction over the whole proceedings is that such first instance jurisdiction exercised by the Court of Appeal pursuant to section 16 does not include what the trial court could not have done- Ayoola J.S.C.
CASES CITED
Madukolu v. Nkemdilim (1962) All N.L.R. 582).Metal Construction (W.A.) Ltd. v. Migliore (1979) 6 – 9 S.C. 163.Okotie Eboh & Ors v. Okotie Eboh & Ors (1986) 1 NSCC (Part 1) 183
STATUTES REFERRED TO
The 1999 ConstitutionThe Court of Appeal Act?
