NSE OBONG JONAH V THE STATE
August 6, 2025TIJANI BAMBE & ORS V ALHAJI YUSUFU ADETUNJI ADERINOLA & ORS
August 6, 2025Legalpedia Citation: (1977-01) Legalpedia (SC) 36692
In the Supreme Court of Nigeria
Fri Jan 14, 1977
Suit Number: SC. 395/1975
CORAM
FRANCIS FEDODE TABAI, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
JACOB NDAEYO
APPELLANTS
GODWIN OGUNNAYA
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-COMMENCEMENT OF ACTION-JURISDICTION
SUMMARY OF FACTS
The respondent lost his printing machine at Owerri during the civil war. After the war the printing machine was found with the appellant at Uyo but he claimed to have bought it in Port-Harcourt. The respondent instituted action for recovery at Owerri.
HELD
The court held that the trial court had no jurisdiction to entertain the matter so the judgment of the court was void and of no effect.
ISSUES
Whether the trial court had the jurisdiction in the matter
RATIONES DECIDENDI
EFFECT OF A COURT SITTING WITHOUT JURISDICTION
Where therefore a court takes it upon itself to exercise a jurisdiction which it does not possess, its decision amounts to nothing. PER IDIGBE JSC
CASES CITED
1. OSCROFT V. BENABO (1967)2 AER 548
2. A.G TRINIDAD AND TOBAGO V. EDICHIE (1893) AC 518
3. TIMITIMI V. AMABEBE (1953)14 WACA 374
STATUTES REFERRED TO
1. HIGH COURT LAW CAP 16 OF EASTERN NIGERIA 1963 VOL IV OF RIVERS STATE
2. ABANDONED PROPERTY EDICT NO 8 OF 1969
