MAJOR BELLO M. MAGAJI VS THE NIGERIAN ARMY
May 30, 2025GRACE MADU V DR. BETRAM MADU
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 11318
In the Supreme Court of Nigeria
Fri Feb 29, 2008
Suit Number: SC. 60/2007
CORAM
ALOYSIUS IYORGYER KASTINA-ALU JUSTICE, SUPREME COURT
C.M. CHUKWUMA-ENEH, JSC (Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
1. CHIEF VICTOR UMEH2.ALH. SANI SHINKAFI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 3rd and 4th Respondents have filed the instant action. No sooner had the 3rd and 4th Defendants/Appellants had been joined as parties in suit No.FCT/ABJ/CS/478/2005 than they filed an application in the trial court praying to dismiss the instant suit as an abuse of process or alternatively to strike out the suit for lack of jurisdiction. It was dismissed. An unsuccessful appeal to the Appeal Court led to this present appeal. ?
HELD
Appeal dismissed. The Supreme Court held that the suit did not constitute an abuse of court process ?
ISSUES
1. Whether this suit which is meant to have the same impact as the earlier suit No. FCT/FIC/CV/278/2005 on the leadership of the 4th respondent constitutes an abuse of process.2. Whether the court below correctly examined the case presented before it and reached the right conclusion on the issues submitted to it. ?
RATIONES DECIDENDI
CASES CITED
1. Okafor v. AIG Anambra State (1991) 6 NWLR (Pt.200) 659 at 681.2. Anyaduba v. N.R.T. Co. Ltd. (1990) 1 NWLR (Pt. 127) 397 at 407.3. Ogoejeofo v. Ogoejeofo (2006) 3 NWLR (Pt. 966) 205, (2006) 1 SCM, 113 4. Okafor v. Attorney-General of Anambra State(1991) 6 NWLR (Pt.200) 659 5. Aruko v. Aiyeleru(1993) 1 NSCC (vol. 24) 255 6. Okorodudu v. Okoromadu (1977) 3 SC 21. 7. Savage v. Uwaechia (1972) 1 ANLR (Pt. 1) 251. 8. Christian Outreach Ministries Inc. v. Cobham (2006) 16 NWLR (Pt. 1002) 283 at 306 – 7.?
STATUTES REFERRED TO
NONE?
