ALEEGBE ORHEWERE VS. UNITED MORTGAGE LTD & ORS

CORAM

AMINA ADAMU AUGIE, JCA

JOSEPH SHAGBAOR IKYEGH, JCA

CHINWE EUGENIA IYIZOBA. JCA

PARTIES

ALEEGBE ORHEWERE APPELLANTS

[1] UNITED MORTGAGE LTD

[2] THE INSPECTOR-GENERAL OF POUCE

[3] THE COMMISSIONER OF POUCE SPECIAL FRAUD UNIT

[4] FIRST CITY MONUMENT BANK PLC.

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant filed an action at the High Court of Lagos State against the Respondents on a mortgage transaction claiming a declaration that it was outside the statutory functions of  the officers of the 2nd and 3rd Respondents to intermeddle with the repayment of the mortgage facility by the Appellant to the 1st Respondent by virtue of section 4 of the Police Act, he also sought the payment of the sum of  N10 Million  Naira as general damages for his arrest and detention by  officers of the 2nd and 3rd Respondents acting for the 1st Respondents . The learned trial Court struck out some of the Appellant’s claims on the grounds that it lacked jurisdiction to entertain same as they were matters within the exclusive jurisdiction of the Federal High court. Dissatisfied with the judgment of the trial court, the Appellant filed an appeal to this court.

HELD

 Appeal Dismissed

ISSUES

“Whether the learned trial Judge was right when he held that by the provision of section 251 (I) (r) of the 1999 constitution of the Federal Republic of Nigeria [as amended] the High Court of Lagos State lacks jurisdiction to Entertain the claim the 2nd and 3rd Respondent.” ?

RATIONES DECIDENDI

OUSTER OF JURISDICTION OF A SUPERIOR COURT -WHETHER CAN BE INFERRED OR ASSUMED

“The ouster of jurisdiction of a superior court of record, such as the High Court, is not inferred or readily assumed. Only express or clear words of an enactment take away the jurisdiction of a superior court.” PER IKYEGH JCA

SECTION 251 (I) (R) OF THE 1999 CONSTITUTION-SCOPE OF-HOW DETERMINED BY THE COURT

“In determining the scope of section 251 (I) (r) of the 1999 Constitution, as altered, as it relates to the subject matter of the dispute, the court is enjoined to “give very close, careful and proper” construction of the section taking into account the facts and circumstances of each case by examining the parties in the litigation closely and watchfully to ascertain whether the said section 251 (I) of the 1999 Constitution, as altered, is applicable.” PER IKYEGH JCA

JURISDICTION OF A COURT- HOW ASCERTAINED

“It is now trite that the jurisdiction of a court is ascertained by looking only at the claim of the plaintiff or claimant as contained in the writ of summon or statement of claim or originating process.” PER IKYEGH JCA

CASES CITED

Adetayo v. Ademola [2010] 15 NWLR [pt 1215] 169 at 189,African Newspapers Ltd v. Federal Republic of Nigeria (1985) 2 NWLR (pt 6) 137 at 159-160Aremo v. Adekanye [2004] 13 NWLR [pt 891] 572 at 590Justice Elelu-Habeeb and Anor v. Attorney-General of the Federation and Ors. [2012] All FWLR[pt. 629] 1011 at 1047.Orthopaedic Hospital Management Board v. Garba [2002] 14 NWLR [pt. 788] 538Onyenucheya v. Military Administrator of Imo State [1997] 1 NWLR [pt 482] 429 at 44

STATUTES REFERRED TO

The 1999 Constitution of the Federal Republic of Nigeria

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