CORAM
IKECHI FRANCIS OGBUAGU (Lead Judgment) JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
PARTIES
OUR LINE LIMITED APPELLANTS
S.C.C. NIG. LTD & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as plaintiff instituted an action for damages in negligence. During the proceedings, the trial judge was elevated to the bench but was to take effect at a future date. The trial judge proceeded to give judgment.
The judgment was appealed against and it was allowed by the Court of Appeal on the ground that it was given without jurisdiction on the part of the trial court. Hence this appeal.
HELD
Appeal dismissed
ISSUES
1.Whether the Court below was right in its decision that the trial Court had been deprived of its jurisdiction to conclude the hearing and determination of the Plaintiff/ Appellant’s claims before it by the appointment of the learned trial Chief Judge to the Supreme Court. ?
RATIONES DECIDENDI
WHAT A GAZETTE IS
A Gazette therefore serves as official communication of the Government. Of Nigeria or of any State thereof or of any Local Government. Per MOHAMMED JSC
GAZETTE IS DOCUMENTARY EVIDENCE
As documentary evidence, the contents of a Gazette, as stated in the law, is prima facie proof of any fact of a public nature, which the Gazette is intended to notify. Per MOHAMMED JSC
PRESUMPTION OF INFORMATION IN THE GAZETTE
A notification of appointments and other communications of the Federal Government of Nigeria in the Official Gazette, is merely a fact presumed to be true unless disapproved by some evidence to the contrary. Per MOHAMMED JSC
ONUS IS ON PARTY WHO COMPLAINS TO GIVE EVIDENCE OF LACK OF JURISDICTION
Where a party raises issue of jurisdiction, the onus is on him to give prima facie evidence of such lack of jurisdiction. Per MOHAMMED JSC
CASES CITED
1. Madukolu & Ors. v. Nkemdelim & Ors. (1962) 1 All N.L.R. 581
2. Attorney General, Oyo State v. Fairlakes Hotels Limited (1989) 5 N. W .L.R. (Pt. 121) 255
STATUTES REFERRED TO
1979 Constitution