YADIS NIGERIA LIMITED V GREAT NIGERIA INSURANCE COMPANY LIMITED
June 3, 2025CENTRAL BANK OF NIGERIA & ANOR V MRS. AGNES M. IGWILLO
June 3, 2025Legalpedia Citation: (2007) Legalpedia (SC) 00783
In the Supreme Court of Nigeria
Fri May 4, 2007
Suit Number: SC.79/2002
CORAM
JUMMAI HANNATU SANKEY
IKECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT.
IKECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT.
JUMMAI HANNATU SANKEY
IKECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT.
JUMMAI HANNATU SANKEY
IKECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT.
PARTIES
1.OBA ADEGBOYEGA OSUNBADE [Adeyelu II (The Olugbon of Orile Igbon) for himself and on behalf of the Olugbon Chieftaincy Family]
2. OBA BELLO AYINLA ADESITE II [The Onikoyi of Ikoyi Ile for himself and on behalf of Onikoyi Chieftaincy Family]
3. OBA JIMOH OYEYEMI OLOYEDE [The Aresadu of Iresadu for himself and on behalf of the Aresadu Chieftaincy Family]
4. OBA S. O. OYEDIRAN LAGBAMI OSEKUN II [The Onepetu of Ijeru Chieftaincy Family]
5. OBA SAMUEL OLANIYI AYOOLA AGUNBIADE [The Alajawa of Ajawa for himself and on behalf of the Alajawa .
APPELLANTS
OBA JIMOH OLADUNNI OYEWUNMI & 2 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant/Plaintiff instituted an action against the Respondent/Defendant by Originating Summons but the defendant raised Preliminary Objections on the mode of commencing the action amongst other things, later, the preliminary objection was withdrawn and struck out. The Appellant got Judgement at the High Court but the Court Appeal dismissed all of the claims of the Appellant.
HELD
The Supreme Court held that it was wrong for the Court of Appeal not to have remitted the case back to the High Court to be tried on pleadings. It was ordered that the suit be remitted back to the High Court to be heard de novo by another Judge after the filing and exchange of pleadings by the parties
ISSUES
Whether the Lower Court was right not to have remitted the case for hearing on pleadings in the High Court after it had held that the action was initiated by the wrong process
RATIONES DECIDENDI
WHEN SHOULD AN ACTION BE COMMENCED BY ORIGINATING SUMMONS?
“An Originating Summons, is an unusual method of commencing proceedings in the High Court and it is confined to cases where special statutory provisions exist for its application. It is not advisable, to make use of this procedure for hostile proceedings where the facts are in dispute as in the instant case leading to this appeal.” – Per Ogbuagu, JSC
CASES CITED
1. Chief T.A. Doherty v. R.A. Doherty (1968) NMLR Pg 2412. Oloyo v. Alegbe (1983) 2 SCNLR Pg 35 at 67
STATUTES REFERRED TO
NONE
