H.R.H. OBOL UBI UJONG INAH & ORS V MR. MARCUS UKOI
June 20, 2025MILITARY ADMINISTRATOR OF BENUE STATE V. ULEGEDE
June 20, 2025Legalpedia Citation:
In the Court of Appeal
HOLDEN AT CALABAR
Mon Nov 19, 2001
Suit Number: CA/C/51/2000
CORAM
DENNIS ONYEJIFE EDOZIE
JUSTICE CHARLES EFANGA ARCHIBONG JUDGE FHC
JUSTICE CHARLES EFANGA ARCHIBONG JUDGE FHC
PARTIES
SMART ESSANG (Doing business under the name and style of Essang & Son Ventures) APPELLANTS
1. AUREOL PLASTICS LTD2. CHIEF ETIM J. OKPOYO RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Appellant instituted this suit under the undefended list against the Defendants/Respondents at the Akwa Ibom State High Court Uyo Judicial Division while the Defendants/Respondents were residents at Oron Judicial Division. The Defendants/Respondents filed a motion contending inter alia that the Defendants/Respondents being within Oron Judicial Division ought not to have been sued at Uyo Judicial Division and that the 2nd Defendant/Respondent being an agent of a known principal ought not to have been sued in person along with his principal, the 1st Defendant/Respondent. The Trial Court held that it had no jurisdiction to entertain the suit and transferred it to the Oron Judicial Division. The Court also struck out the name of the 2nd Defendant/ Respondent from the suit. Aggrieved, the Plaintiff/Appellant appealed to the Court of Appeal.
HELD
Appeal dismissed
ISSUES
Whether the learned trial Judge was right in ordering the striking out of the name of the 2nd defendant from the suit when he had ruled that he had no jurisdiction to entertain the said suit Whether on the face of the pleadings, the High Court at Uyo has no jurisdiction to entertain the claim.
RATIONES DECIDENDI
ISSUES FOR DETERMINATION- FORMULATION OF-IMPROPRIETY OF ISSUES FOR DETERMINATION OUTNUMBERING THE GROUNDS OF APPEAL
which the issues are related or based. It is also trite that one issue can cover or traverse several grounds of appeal and not vice versa, that is several issues covering one ground of appeal”.
CIVIL JURISDICTION OF THE HIGH COURT- DETERMINANT OF-ORDER 10 OF AKWA IBOM STATE HIGH COURT (CIVIL PROCEDURE) RULES 1989
“The civil jurisdiction of the High Court depends on one of the three provisions above namely (a) where the contract was made or (b) where the contract ought to have been performed or (c) where the defendant or one of the defendants resides or carries on business. PER EKPE, JCA
CREATION OF JUDICIAL DIVISION-PURPOSE OF CREATING JUDICIAL DIVISIONS WITHIN THE HIGH COURT OF A STATE”The purpose of creating judicial divisions within the High Court of a state which is primarily for the convenience of the parties and to save time and the costs of litigation may be defeated if parties are allowed to file their suits in any judicial division of their choice”. PER EKPE, JCA
JUDICIAL POWERS-WHETHER A COURT CAN EXERCISE JUDICIAL POWER OVER A MATTER WHERE IT LACKS JURISDICTION”It is a settled principle of law that a court that has no jurisdiction to entertain a matter before it cannot exercise judicial power in respect of that matter”.
AGENCY RELATIONSHIP- AGENT OF A DISCLOSED PRINCIPAL-WHETHER INCURS LIABILITY
“The legal position is that an agent acting on behalf of a known and disclosed principal incurs no liability. The act of the agent is the act of the principal. The situation is in law as if it was the principal that did what the agent did or omitted to do. The common law rule is expressed in the latin maxim thus “qui facit per alium facit per se ipsam facere vindetur” which means “He who does an act through another is deemed in law to do it himself.” Where the principal of an agent is known or disclosed the correct party to sue or be sued for anything done or omitted to be done by the agent is the principal”. PER EKPE, JCA
CHAIRMAN/DIRECTOR OF A COMPANY-STATUS OF”It is trite law that the chairman or director of a limited liability company is an agent of the company”.
LACK OF JURISDICTION-EFFECT OF
“Stricto senso, when a court lacks the jurisdiction to entertain a suit, it lacks the capacity to strike out a party in that suit and subject to statutory provision it could not transfer the suit to any other court. It can only strike out the case rather than dismiss it”.
JURISDICTION OF COURT- EFFECT OF LACK OF JURISDICTION
“Once a court does not have jurisdiction, over the subject matter before it, the proceedings thereon no matter how well conducted is a nullity”.
CASES CITED
Abioye v. Afolabi (1998) 4 NWLR (Pt. 545) 296. Adegbite v. Ogunfaolu (1990) 4 NWLR (Pt. 146) 578. Adelaja v. Fanoiki (1990) 2 NWLR (Pt. 131) 137. Ajibade v. Pedro (1992) 5 NWLR (Pt. 241) 257.Akinbola v. Plisson Fisko (Nig.) Ltd. (1988) 4 NWLR (Pt. 88) 335.Anon Lodge Hotels Ltd v. Mercantile Bank of Nigeria Ltd. (1993) 3 NWLR (Pt. 284) 721Aviso v. Akanji (1995) 7 NWLR (Pt. 406) 129Din v. A.G., Federation (1986) 1 NWLR (Pt. 17) 471 at 501General Oil Ltd. v. Ogunxade (1997) 4 NWLR (Pt. 501) 613Igwegbe v. Ezuma (1999) 6 NWLR (Pt. 606) 228Ishie v. Mowanso (2000) 13 NWLR (Pt. 684) 279lyaji v. Eyigebe (1987) 3 NWLR (Pt. 61) 523.Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1992) 2 NWLR (Pt. 224) 459Labiyi v. Anretiola (1992) 8 NWLR (Pt. 258) 139 at 169Ndaeyo v. Ogunnaya (1977) 1 S.C 11Nfor v. Ashaka Cement Co. Ltd (1994) 1 NWLR (Pt. 319) 222Ngilari v. Mothercat (1999) 13 NWLR (Pt. 636) 626Niger Progress Ltd v. N.E. L Corporation (1989) 3 NWLR (Pt. 107) 68Obasi Bros (Nig) Ltd v. Wilbros (Nig.) Ltd. (1991) 3 NWLR (Pt. 181) 606Ogigie v. Obiyan (1997) 10 NWLR (Pt. 524) 179: (1997) 10 SCNJ 1Ojora v. Odunsi (1959) 4 FSC 189Okoye v. Nigeria Construction and Furniture Co. Ltd (1991) 6 NWLR (Pt. 199) 501 at 534Onyema v. Oputa (1987) 3 NWLR (Pt. 60) 259Rossek v. African Continental Bank Ltd (1993) 10 SCNJ 20U.N.N, v. Orazulike Trading Co. Ltd (supra) at page 25Ukpai v. Okoro (1983) 2 SCNLR 380Union Bank Nig. Ltd. v. Odusote Bookstores Ltd (1995) 9 NWLR (Pt. 421) 558Uzondu v. Uzondu (1997) 9 NWLR (Pt. 521) 466Western Steel Workers Ltd v. Iron and Steel Workers Union of Nigeria (1986) 3 NWLR (Pt. 30) 617
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1979 Constitution of the Federal Republic of Nigeria, 1999 High Court Laws of Cross River State Cap. 51 vol. 3, (Applicable in Akwa Ibom State)Akwa Ibom State High Court (Civil Procedure) Rules 1989|
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