CORAM

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AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT

KAYODE ESO, JUSTICE, SUPREME COURT

SAIDU KAWU, JUSTICE, SUPREME COURT

CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT

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PARTIES

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NDUKKIE ESIRI & ORS

APPELLANTS 

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UZOR IDIKA & ORS

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL-JURISDICTION-PRACTICE AND PROCEDURE-NOTABLE PRONOUNCEMENT

 

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SUMMARY OF FACTS

In an appeal at the Court of Appeal, the respondent brought a preliminary objection to the said appeal. The court granted the application, hence this present appeal.

 

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HELD

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Dismissing the preliminary objection, thereby allowing the appeal.

 

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ISSUES

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First, did the Court of Appeal have power to make the order which it made?

Second, and in a related sense, was that order made in violation of the jurisdiction of this Court such that it would necessarily have been made without jurisdiction?

 

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RATIONES DECIDENDI

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APPEAL ON QUESTIONS OF FACT OR MIXED LAW AND FACT

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An appeal to the Supreme Court from a decision of the Court of Appeal on questions of fact or mixed law and fact in respect of which leave to appeal has not been obtained from the Court of Appeal or the Supreme Court is incompetent and would inevitably struck out. In such a case the Supreme Court would lack jurisdiction to entertain such an appeal. Per Nnamani JSC

 

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NOTABLE PRONOUNCEMENT

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The Courts are Courts of law but may the day never come when they cease to be courts of justice. Substantial Justice cannot be done unless Courts of Justice strain to ensure that appeals are heard on their merit. Per Nnamani JSC

 

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JURISDICTION OF COURT IN MATTERS OUTSIDE ITS JURISDICTION

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The inherent jurisdiction of a court does not empower it to act in a matter outside its jurisdiction. Per Nnamani JSC

 

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CASES CITED

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Akwiwu Motors Ltd

See Ojeme v. Momodu [I/(1983) 3 S.C. 173;

Oke v. Eke (1982) 12 S.C. 228;

Akpasubi v. Unweni (1982) I/ S. C. 132

Conelly v. D.P.P. (1964) A.C. at 1301

Nofiu Surakatu v. Nigeria Housing Development Society Ltd. and Anor. (1981) 4 S.C. 26

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of NIGERIA 1979

Supreme Court rules, 1977

High Court of Lagos (Civil Procedure) Rules 1973

 

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