ARJANDAS HIRANAND MELWANI V. FIVE STAR INDUSTRIES LIMITED
June 20, 2025GLADYS MAJEKODUNMI & ORS V. MUTIU ABINA
June 20, 2025Legalpedia Citation: (2002) Legalpedia (SC) 17113
In the Supreme Court of Nigeria
Thu Jan 24, 2002
Suit Number: SC. 168/1995
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. CHIEF A.B. BRIGGS 2. CHIEF B.R. BRIGGS 3. CHIEF DR. M.T.O. MEMBERE 4. CHIEF G.N. ANABRABA 5. CHIEF M.T.C. BRIGGS 6. CHIEF B.A. BRIGGS 7. CHIEF T.G. MEMBERE 8. CHIEF T.C.F. ORUWARI 9. MR. O.B. LULU-BRIGGS 10. MR. FUBARA ANABRABA 11. MR. SOLOMON M. BRIGGS 12. MR. ANTHONY ABO 13. MR. ADONIYE M. BRIGGS [FOR THEMSELVES AND AS REPRESENTING THE BRIGGS (ORUWARI) HOUSE OF ABONNEMA] APPELLANT(S)/ PLAINTIFF(S) / RESPONDENT(S)
DEFENDANTS/RESPONDENTS/APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents, Briggs (Oruwani) House, were the plaintiffs at the trial court. From their statement of claim, they aver that they represent one of the four main autonomous groups of Houses in Abonnema town in Rivers State. The stools of Briggs, Jack, Georgewill and Manuel were created and made heads and paramount chiefs of their respective War-Canoe Houses many years before the founding of Abonnema on 16 June, 1881.
HELD
Both Appeals dismissed.
ISSUES
(IST APPEAL)(i) Whether the jurisdiction of the court was ousted.(ii) Whether the Court below was right in its interpretation of Order 3, rule 14 (2) of the Court of Appeal Rules.(iii) Whether the plaintiffs’ case (vis-à-vis the reliefs claimed) was justiciable.(2ND APPEAL)”1. Whether or not the Court of Appeal was right in dismissing the motion for arrest judgment and order re-opening of the appeal.2. Whether the learned Justice of the Court of Appeal exercised their discretion judicially and judiciously by refusing an application for amendment of the appellants brief on the grounds that it was too late.3. Whether the appellants were denied fair hearing as a result of the proceedings of 12/6/95, 13/6/95 and the ruling of the Court on 13/7/95?
RATIONES DECIDENDI
PROCEDURE FOR CROSS-APPEAL
The law therefore has been clearly laid down that any respondent who seeks to set aside a decision of a lower court on any crucial aspect must do so by way of cross-appeal. Uwaifo J.S.C
CASES CITED
Uwaifo V. Attorney-General Bendel State (1982) 7 SC 124Summonu V. Ashirota (1975) 1 NMLR 16 at 23Ellochin (Nig) Ltd V. Mbadiwe (1986) 1 NWLR (pt. 14) 47Anyaduba V. Nigerian Renowned Trading Co. Ltd. (1990) 1 NWLR (pt. 127) 397
STATUTES REFERRED TO
The 1979 Constitution?
