AKANNI OGUNDIMU V. THE STATE
July 30, 2025BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION
July 30, 2025Legalpedia Citation: (1981) Legalpedia (SC) 31141
In the Supreme Court of Nigeria
Fri Jan 16, 1981
Suit Number: SC. 50/1980
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANIAGOLU JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
SKEN CONSULT (NIG) LTD LARS POUL SKENSVED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Following serious misunderstanding between the 2nd appellant and the respondent, the respondent instituted an action in the Bendel State High Court, Benin claiming various reliefs, hat 42 refrigerated containers stolen at the Gate House, Parking Site Kokey Bendel State belonging to the 1st defendant company (i.e. 1st Appellant in these proceedings) be sold at once by the respondent by private treaty at any price which he can reasonably obtain for them and the proceeds of sale, after deducting the expenses thereof, be paid into court to abide the event in the action, An injunction to restrain the defendants (appellants) from doing various acts concerned with the management and administration of the 1st appellant company.
HELD
APPEAL DISMISSED
ISSUES
NIL
RATIONES DECIDENDI
POWER OF THE COURT TO PUT END TO INCOMPETENT PROCEEDINGS
“A court is not only entitled but bound to put an end to proceedings if at any stage and by any means it becomes manifest that they are incompetent. It can do so on its own initiative, even though the parties have consented to the irregularity” LORD WRIGHT, PER NNAMANI J.S.C
CASES CITED
London Corp. v. Cox (1867) L.R. 2 H.L. 239
STATUTES REFERRED TO
NIL
