VICTORIA ANISIUBU V ANTHONY EMODI
August 9, 2025WILSON UDO ADA V THE STATE
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 11217
In the Supreme Court of Nigeria
Tue Feb 4, 1975
Suit Number: SC. 253/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
JOB IKE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants on the 21st, July, 1969 in the High Court of Biafra sued the Respondents for a title to a piece of land,100pounds damages for trespass and injunction restraining the Respondent from the act of trespass. After the Nigeria civil war, the matter proceeded on March 15,1971 in the High Court of Onitsha which found in favour of the Respondent, hence this appeal.
HELD
Appeal allowed
ISSUES
None.
RATIONES DECIDENDI
JURISDICTION OF APPEAL FROM BIAFRAN HIGH COURT
The take-over of a case originating in a “Biafran High Court” by a properly constituted High Court of the East-Central State goes beyond mere irregularity; it is rooted in the illegality of the court, and this cannot be cured by mere procedural amendments and corrections. It goes to the fundamental issue of jurisdiction.
CASES CITED
Ogbuagu & Ifegbu & Ors. v. Ota Ukaefi (1971) 1 E.C.S.L.R. 184.
STATUTES REFERRED TO
None.
