ENGINEER GOODNEWS AGBI VS CHIEF AUDU OGBEH & ORS
June 6, 2025ZAKHEM CONSTRUCTION (NIG.) LTD V EMMANUEL NNEJI
June 6, 2025Legalpedia Citation: (2006-05) Legalpedia 04131 (SC)
In the Supreme Court of Nigeria
Abuja
Fri May 19, 2006
Suit Number: SC.342/2001
CORAM
S. M.BELGORE JUSTICE, SUPREME COURT
U. A. KALGO JUSTICE, SUPREME COURT
T N. TOBI JUSTICE, SUPREME COURT
G. A. OGUNTADE JUSTICE, SUPREME COURT
I. F. OGBUAGU JUSTICE, SUPREME COURT
PARTIES
INTERGRATED TIMBER AND PLYWOOD PRODUCTS LTD. APPELLAN
APPELLANTS
UNION BANK NIGERIA PLC RESPONDENT
RESPONDENTS
AREA(S) OF LAW
JURISDICTION/ SIMPLE CONTRACT
SUMMARY OF FACTS
The appeal is against the holding of the Court of Appeal which held that the relationship between the appellant and respondent was that of a banker-customer relationship. In holding that it was neither an Admiralty matter (as held by the trial court) nor a banker-customer relationship (as held by the court of Appeal), the court held that from the Statement of Claim filed, the matters is a Simple Contract which is within the ambit of the jurisdiction of the State High court.
HELD
APPEAL DISMISSED
ISSUES
Whether the learned Justices were right in holding that the Federal High Court lacked the jurisdiction to entertain the claim of the Plaintiff?
RATIONES DECIDENDI
COURT WITH JURISDICTION IN CASES OF SIMPLE CONTRACT
“it is now firmly established, that in a simple contract (as in the instant case between the parties), it is the High Court and not the Federal High Court, that has jurisdiction to entertain and determine it”.{ I. F. OGBUAGU, JSC}
WHETHER STATEMENT OF CLAIM SUPERCEDES WRIT
“Yes, now that it is settled that a Statement of Claim supercedes the Writ”. { I. F. OGBUAGU, JSC}.
WHAT AN APPELATE COURT BASES ITS DECISIONS ON
“It is now firmly settled that an Appellate Court, looks and bases its decision, at the correctness of the decision and not necessarily, at the reason for the decision.”. { I. F. OGBUAGU, JSC}.
CASES CITED
1. Chief Lahan & ors. V. Lajoyetan & ors. (1972) NSCC 460 @ 461; (1972) 6 S.C. 106
2. Enigbokan V. American International Insurance Co. Ltd. (1994) 4 NWLR (Pt. 348) 1 @ 19; (1994) 6 SCNJ. 168
3. Alhaji Arowolo V. Akapo & 2 ors. (2003) 8 NWLR (Pt. 823) 451 @ 469 – 470 C.A.
4. Oba Aromolaran & anor. V. Oladele & 2 ors. (1990) 7 NWLR (Pt.162) 359 @ 375 C.A
5. The Administrator – General & Public Trustees V. Asika llobi (1972) ESCLR 587 @ 593:
6. Onitolo V. Bello (1958) 3 FSC 53; (1958) SCNLR 49.
7. Obiteh V. Obiki (1992) 5 NWLR (Pt. 243) 599.
8. Alhaji Tukur V. The Government of Gongola State (1989) 4 NWLR (Pt. 117)517 @ 549, (1989) 9 SCNJ.1
9. Adeyemi V. Opayemi (sic) (1976) 9 – 10 S.C. 31 at 51
10. Western Steel Works V. Iron & Steel Workers (1987) 1 NWLR (Pt. 49) 284
11. African Newspapers of Nigeria & ors. V. The Federal Republic of Nigeria (1985) 1 All NLR 50 at 175; (1985) 2 NWLR (Pt. 6)137 at 165.
12. Sowemimo V. Alhaji Somisi & ors. (1982) 1 ANLR (Pt.1) 49
13. United Bank for Africa Ltd. & anor. V. Mrs. Ngozi Achoru (1990) 6 NWLR (Pt. 156) 254: (1990) 10 SCNJ. 17 .
14. Ayeni & ors. V. Sowemimo (1992) 5 S.C. 60 @ 74.
15. Alhaji Ndayako V. Alhaji Dantoro & 6 ors. (2004) 5 SCNJ. 152 @ 172.177, (2004) 5 SCM 68.
STATUTES REFERRED TO
