CORAM
OGUNDARE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY A. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
HARRY AKANDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued three defendants, Service of the writ was effected on one John Maddox of the General Electric U.S.A. (Nigeria) Limited (not the 1st defendant). The 1st defendants entered conditional appearance and upon their failure to get the service of the writ set aside, filed their statement of defense and appealed against the decision of the High court.
HELD
That the order of the Federal Court of Appeal granting leave to appeal to the interveners, the General Electric Company of U.S.A. (Nigeria) Limited, and a stay of proceedings of the action, was, in all the circumstances of this case, erroneous. It was for the foregoing reasons that we set aside, with costs, the order of the said Federal Court of Appeal as hereinbefore stated.
ISSUES
Whether the granting of leave to appeal to the General Electric Company of U.S.A. Nigeria Ltd. by the Court of Appeal, in a suit which they are not parties from the order of the High Court of Lagos dated 28th September 1977 dismissing the application of the said General Electric Company of U.S.A. Nigeria Ltd., to set aside services on them of the writ of summons, in the above case is valid.
RATIONES DECIDENDI
PARTIES TO AN APPEAL
Section 121E (5) (a) of the Constitution (Amendment) (No.2), the person therein stated exercising the right of appeal to the Court of Appeal, must be one named in the record or, with leave, having “an interest” in the proceedings – which term would include a person affected or likely to be affected, or aggrieved or likely to be aggrieved by the proceedings. Per ANIAGOLU, JSC
CASES CITED
1. Re Evans v. Noton (1893) 1 Ch. 264,
2. Gillooly v. Gillooly (1950) 2 All ER 1118 at 1119
3. Maja & Ors. v. Johnson (1951) 13 WACA 194,
4. Johnson v. Aderemi (1955) 13 WACA 297 (P.C.) at 299
STATUTES REFERRED TO
1. Constitution of the Federation as amended by the Constitution (Amendment) (No.2) 1976, Decree No. 42 of 1976.
2. Federal Court of Appeal Decree 1976, No. 43 of 1976.