EZE IBEH VS THE STATE
July 4, 2025SHELL PETROLEUM DEVELOPMENT COMPANY OF NIG. LTD VS FEDERAL BOARD OF INLAND REVENUE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11181
In the Supreme Court of Nigeria
Fri Jan 17, 1997
Suit Number: SUIT NO: SC.99/1990
CORAM
SALIHU MODIBBO ALFA BELGORE ..JUSTICE OF THE SUPREME COURT
IDRIS LEGBO KUTIGI . JUSTICE OF THE SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE . JUSTICE OF THE SUPREME COURT
YEKINI OLAYIWOLA ADIO . JUSTICE OF THE SUPREME COURT
ANTHONY IKECHUKWU IGUH . JUSTICE OF THE SUPREME COURT
PARTIES
1. CHIEF OSIGWE EGBO2. PETER AGBANANA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs/ respondents, caused a writ of summons to issue against the defendants/ appellants, claiming a declaration of title of ownership of the parcel of land general damages for trespass and perpetual injunction.
HELD
Appeal without substance, appeal dismissed
ISSUES
Whether the continuation of the hearing of the case by Dagogo-Manuel, J. at the Port Harcourt Judicial Division after he had been transferred out of the Ahoada Judicial Division to the Port Harcourt Judicial Division is such an irregularity in the circumstances of the matter to vitiate the proceedings .Whether the learned trial Judge. Dagogo-Manuel, J. had jurisdiction after his transfer to Port Harcourt to continue with the hearing of the case in his new judicial division.
RATIONES DECIDENDI
EFFECT OF IRREGULARITIES IN A PROCEEDING
It is not every irregularity that automatically nullifies an entire proceeding, particularly where the irregularity did not in any way materially affect the merits of the case, or occasion a miscarriage of justice or where, in any case, it is much too late in the day for a party to complain about such irregularity.
THE POWER TO TRANSFER A CASE FROM ONE JUDGE TO ANOTHER
The power to transfer a case from one Judge to another Judge whether in the same or in any other Judicial Division is vested in both the Chief Judge and a Judge of the relevant State.
CASES CITED
Fagbenro & Ors. v. Orogun & Ors. (1993) 3 NWLR (Pt.284) 662Jude Ezeoke & Ors. v. Moses Nwagbo & Anor (1988) 1 NWLR (Pt.72) 616Chief Okumagba Eboh & Ors. v. Akpotu (1968) 1 All NLR 220Anyaebu Ojiegbe & Ors. v. Gabriel Okwaranyia & Ors. (1962) 2 SCNLR 358; (1962) 1 All NLR 605 at 608; Kossen (Nig.) Ltd. & Anor v. Savannah Bank of Nig. Ltd. (1995) 9 NWLR (Pt.420) 439 at 451-452. S.O. Ukpai v. U.O. Okoro & Ors. (1983) 2 SCNLR 380: (1983) 11 SC 231M.S. Aliyu v. M.N. Ibrahim & Ors. (1992) 7 NWLR (Pt.253) 361R. Ariori & Ors. v. Muraimo Elemo & Ors. (1983) 1 SCNLR 1; (1983) 1 SC 13
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1979High Court Law (Cap. 61, Laws of Eastern Nigeria, 1963)?
