M.O. KANU, SONS & COMPANY LIMITED V FIRST BANK OF NIGERIA PLC.
June 5, 2025BARRISTER JOHN DURU VS PATRICK NWANGWU
June 6, 2025Legalpedia Citation: (2006-05) Legalpedia 78109 (SC)
In the Supreme Court of Nigeria
Abuja
Fri May 26, 2006
Suit Number: SC.349/2001
CORAM
I. L. KUTIGI JUSTICE, SUPREME COURT
N. TOBI JUSTICE, SUPREME COURT
G. A. OGUNTADE JUSTICE, SUPREME COURT
M. MOHAMMED JUSTICE, SUPREME COURT
W. S.ONNOGHEN JUSTICE, SUPREME COURT
PARTIES
LEWIS OPARA
APPELLANTS
DOWEL SCHLUMBERGER (NIGERIA) LIMITED
ATTORNEY-GENERAL OF RIVERS STATE
RESPONDENTS
AREA(S) OF LAW
JURISDICTION- WHETHER THE SUPREME COURT CAN SIT ON APPEAL OVER THE FINDING OF THE TRIAL COURT WHICH WAS NOT RAISED AT THE COURT OF APPEAL.
SUMMARY OF FACTS
The appeal is against the judgment of the court of appeal. Rather than appealing the decision of the lower court, the appellant sought to challenge the judgment of the trial court to which the respondent filed a preliminary objection to the effect that the appellant was indirectly appealing the decision of the trial court rather than the Court of Appeal.
HELD
Appeal dismissed
ISSUES
The grounds of appeal contained in the Appellant’s Amended Notice of Appeal dated the 24th day of January, 2005 are incompetent, by reason whereof this Honourable Court lacks jurisdiction to hear this appeal as it is constituted.
RATIONES DECIDENDI
EFFECT OF GROUNDS OF APPEAL NOT PROPERLY CONSTITUTED
“If in the course of the examination, this Court comes to the conclusion that the ground of appeal attacks the judgment of the High Court, this Court must come to the conclusion that it has no jurisdiction to hear the appeal on the ground that this Court cannot hear appeal straight from the High Court”. (Niki Tobi JSC)
CASES CITED
None.
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1979.
