AARON OKARIKA & ORS VS ISAIAH SAMUEL & ORS

CORAM

PARTIES

1. AARON OKARIKA|2. SUNDAY NWOBI|3. SAMUEL NWOBI|4. ISAIAH NWOBI

1. ISAIAH SAMUEL|2. CHIEF OKITI NWOKOMA(FOR THEMSELVE AND AS REPRESENTING THE UMUELE FAMILY, OBOBURU TOWN

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Respondents sued the Defendants/Appellants at the High Court. In a separate suit, the Defendants/Appellants sued the Plaintiffs/Respondents at the same High Court. At the end of the proceedings, the trial Judge found for the plaintiffs and granted the plaintiffs all the reliefs sought in their claim. On the other hand, the defendant failed to prove ownership of the property so their claim failed in the suit filed. The trial court judgment was affirmed by the Court of Appeal. Hence the further appeal to the Supreme Court.

HELD

Appeal struck out

ISSUES

Whether having regards to the Notice of appeal the Supreme Court has jurisdiction to hear this appeal. Whether having regards to the pleadings and evidence proffered by the parties as to their traditional history the Court of Appeal were right in affirming the judgment of the trial court.

RATIONES DECIDENDI

Constitution – Valid and Applicable Laws in Nigeria

“The Constitution, although being the supreme law of the country; the Supreme Court (Enabling law) and the Supreme Court Rules (Procedural Laws) are not the only valid, existing and applicable laws on all matters. There are other laws which are equally valid and applicable to certain matters and until they are either repealed or declared null and void, they shall continue to apply to those matters to which they relate.” Per MUHAMMAD J.S.C

NOTICE OF APPEAL – VALIDITY OF

“A Notice of Appeal not signed by an appellant of his counsel is invalid as there is no stamp of authority or authentication.” Per MUHAMMAD J.S.C

JURISDICTION – INITIATING PROCESSES

“An initiating process whether writ of summons, originating summons or a Notice of Appeal must be valid to confer jurisdiction on a court to adjudicate between parties on a subject matter in dispute between them.” Per MUHAMMAD J.S.C

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT