DABO FULANI AND ANOR VS BORNU N.A.
September 1, 2025ASSAD SABBAGH & NAMAN SABBAGH VS BANK OF WEST AFRICA LTD
September 1, 2025Legalpedia Citation: (1966-11) Legalpedia 59904 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Nov 4, 1966
Suit Number: SC 256/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
PARTIES
MARION OBIMONURE
APPELLANTS
OJUMOOLA ERINOSHO AND ANOR
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- NON SUIT-THE EFFECT
SUMMARY OF FACTS
This appeal turns on a point of jurisdiction. The appellant sued in the Egba Grade A Customary Court and obtained judgment for a declaration of title and possession
HELD
That the High Court in the present case had jurisdiction to make the order sought
ISSUES
Whether there was inherent jurisdiction to set aside a judgment given on appeal in the absence of the respondent?
RATIONES DECIDENDI
EFFECT OF NON-SERVICE OF COURT PROCESSES
‘A failure to notify the opposing party of the institution of any proceeding (other than one which is properly brought ex party, in which case there is no opposing party) means that a condition precedent to the exercise of jurisdiction has not been fulfilled’-Brett, J.S.C
EFFECT OF NON-SERVICE OF COURT PROCESSES
‘If failure to serve process would be a fundamental vice in a court of first instance it cannot be a mere irregularity in an appellate court’-Brett, J.S.C
CASES CITED
Craig v. Kanssen [1943] K.B. 256
Adeigbe and Another v. Kusimo and Another (1965) N.M.L.R.284
Hession v. Jones [1914 pandon] 2 K.B.421
STATUTES REFERRED TO
