CORAM

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S. U. ONU JUSTICE, SUPREME COURT

A O. EJIWUNMI JUSTICE, SUPREME COURT

I. C. ACHOLONU JUSTICE, SUPREME COURT

W. S. N ONNOGHEN JUSTICE, SUPREME COURT

I. F. OGBUAGU JUSTICE SUPREME COURT

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PARTIES

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VICTOR ADELEKAN

APPELLANTS 

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ECU-LINE NV

RESPONDENTS 

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AREA(S) OF LAW

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JURISDICTION – WHETHER T HE FEDERAL HIGH COURT HAS JURISDICTION WITH RESPECT OF SIMPLE CONTRACT.

 

APPEAL- NOTICE OF APPEAL FILED OUT OF TIME- INCOMPETENCE OF WITHOUT LEAVE OF COURT

 

 

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SUMMARY OF FACTS

In a suit for breach of contract of carriage by Sea instituted at the federal High court , the defendant rather than file a statement of defence file a Demurer wherein it stated that the action was statute barred and found for the plaintiff/appellant. Dissatisfied with the judgment of the trial court, the defendant/respondent appealed to the Court of Appeal which set aside the judgment of the trial court. The appellant has now appealed to the Supreme Court. The respondent filed a preliminary objection and cross appeal inter alia challenging the competence of the appeal and that the federal high court, the claim being that of a simple contract, had no jurisdiction.

 

 

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HELD

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The cross appeal and preliminary objection of the respondent, the appeal was dismissed

 

 

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ISSUES

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Whether the lower court, in any event, should not have struck out the cross-respondent’s suit on the ground that being a claim for simple contract, the Federal High Court lacked the requisite jurisdiction to entertain the matter.

 

 

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RATIONES DECIDENDI

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EXTENTION OF TIME WITHIN WHICH TO APPEAL

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“It is settled law that where an appeal requires leave of court and time within which to lodge the appeal has also expired as in the instant appeal, the intending appellant must, in seeking leave to appeal also pray for extension of time within which to appeal in addition to seeking extension of time within which to apply for leave and leave to appeal”. (Onnoghen JSC)

 

ISSUES FOR DETERMINATION IN AN APPEAL

“It is settled law that whereas grounds of appeal must relate to and challenge the validity of the decision appealed against, the issues for determination in the appeal must arise from the said grounds of appeal”. (Onnoghen JSC)

 

WHERE NO ISSUE IS FORMULATED FROM ANY GROUND OF APPEAL

“It is settled law that where no issue is formulated from any ground of appeal, the said ground is deemed abandoned”. (Onnoghen JSC)

 

 

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CASES CITED

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1. Queen V. Resident Ijebu Province (1959) NLR 87;

2. Ugwu V. A. G East Central State (1975) 6 SC 13;

3. Moses V. Ogunlabi (1975) 4 SC 81.

4. Tukur V. Government of Gongola State (1988) 1 NWLR (Pt. 68) 39.

5. Premier Breweries Ltd V. Anere Const. Co. Ltd (1987)3 NWLR (Pt. 62) 688

6. N.B.N. V. NET (1986) 3 NWLR (Pt. 31) 667.

7. Odofin V. Agu (1992) 3 NWLR (Pt. 229) 350

8. Labiyi V. Anretiola (1992) 8 NWLR (Pt. 258) 139

 

 

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STATUTES REFERRED TO

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