OSSAI EMEDO V. THE STATE
June 18, 2025UCHENNA NWACHUKWU V. THE STATE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11149
In the Supreme Court of Nigeria
Fri Jul 12, 2002
Suit Number: SC. 54/1998
CORAM
ABUBAKAR BASHIR WALI., JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
STEPHEN LAWSON-JACK APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant raised a preliminary objection to the respondent’s appeal on the grounds that interlocutory appeals no longer go to the Supreme Court under Decree No. 3 of 1999, ruling in the records not certified, records not transmitted within time and that there was no existing lis having filed a notice of discontinuance of the substantive suit.
HELD
The court dismissed the objection and held that the right to appeal accrued before the Decree came into effect and invoked the rules of the court to waive any non- compliance.
ISSUES
The court dismissed the objection and held that the right to appeal accrued before the Decree came into effect and invoked the rules of the court to waive any non- compliance.
ISSUE:
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12
Whether the Court of Appeal was justified in taking into consideration very extraneous matters not forming part of the records or Counsel submissions before it, without more, in resolving the question whether or not there was evidence of an Appeal before it?
Whether Section 74(1)(j) of the Evidence Act which permits judicial Notice of the name of a Judge can be extended to include judicial notice of his signature by an entirely different Court in the resolution of the authenticity of an uncertified document allegedly signed by him?
Whether the Court of Appeal was justified in holding that signed copies of Judgments of another Court sought to be used in a different Court or proceedings in proof of the act of judicial tribunal is primary evidence of one another requiring no certification or by extension whether Photostat copies of such copies require no certification.
Whether the Court of Appeal was justified in holding that there indeed was a lis when the suit upon which an injunction was made pending has ceased to exist 21 days after the Injunction.
RATIONES DECIDENDI
EFFECT OF UNCONTROVERTED AFFIDAVIT
Paragraphs of affidavit not denied nor controverted are deemed admitted -Ogundare J.S.C
CASES CITED
The Council of the University of Ibadan & Anor. v. N. K. Adamolekun (1967) ANLR 225;
Colonial Sugar Refining Co. Ltd. v. Irving (1905) AC 369, 372
Alagbe v. Abimbola (1978) 2 SC 39;
Agbaje v. Ibru S. F. Ltd. (1972) 5 SC 50, 55
STATUTES REFERRED TO
The 1979 Constitution
Decree no 3 of 1999
