CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
PARTIES
JOSEPH EWETE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff (now appellant) sued the defendant in the Upper Area Court, Jos for Declaration of title, Injunction and damages for trespass.
HELD
The court dismissed the appeal with cost to the despondence.
ISSUES
1. Whether the High Court (Interlocutory Applications in Appellate Matters) Rules, made pursuant to section 116(1) of the High Court Law Cap. 49 Laws of Northern Nigeria, 1963 (applicable to Plateau State) is ultra vires of and inconsistent with section 63(1) of the High Court Law aforesaid.2. Whether the pronouncement/decision of the Supreme Court in Ishola V. Ajiboye (supra), applied equally to the High Court of Plateau State when it sits to exercise its appellate jurisdiction in Interlocutory Matters.
RATIONES DECIDENDI
APPEAL FROM THE HIGH COURT IS WITHIN FEDERAL JURISDICTION
“Appeals from the High Court, whether sitting in its original or appellate jurisdiction to the Court of Appeal is a Federal matter and the State will have no jurisdiction to legislate on it.” OGUNDARE JSC.
WHEN THE SUPREME COURT WILL EXERCISE ITS POWER TO DEPART FROM ITS PREVIOUS DECISION
“To justify our overruling the previous decision of this Court, it must be clearly shown that such previous decision are
(1) vehicles of injustice and
(2) given per incuriam or
(3) clearly erroneous in law.” OGUNDARE JSC.
CASES CITED
1. Alhaji Oloyede Ishola V. Memodu Ajiboye (1994) 6 NWLR 5062. Oladunni Akerele V. Jimoh Alapata (1973) NNLR 1383. Oladunni Akerele V. Jihom Alapata (1973) NNLR 1384. Oloriegbe V. Omotosho (1993) 1 NWLR (Pt. 270) page 3865. Fari V. kano Native Authority (1959) 4 FSC 147 at p. 1486. In the matter of the estate of Samuel Herbert Macaulay (deceased) (1951) 13 WACA 304, 3107. Johnson V. Lawanson (1971) ANLR 58
STATUTES REFERRED TO
1. High Court Law Cap. 49 Laws of Northern Nigeria2. Constitution of the Federal Republic of Nigeria, 19993. The High Court (interlocutory Applications in Appellate Matters) Rules