ALHAJI BELLO NASIR V CIVIL SERVICE COMMISSION

CORAM

PARTIES

ALHAJI BELLO NASIR APPELLANTS

CIVIL SERVICE COMMISSION

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent filed a motion to dismiss the appellant’s suit on grounds that it was statute barred. The appellant did not challenge the averment in the affidavit in support of motion to the effect that the suit was filed more than 3 months after his dismissal.

HELD

The court held that the suit was rightly dismissed and that the rules against demurrer are inapplicable to issues of jurisdiction.

ISSUES

1.  Whether the lower court was right in saying that the trial court considered all the issues raised by the Appellant in his reply to the preliminary objection raised by the respondent? If the answer is in the negative whether such denial or consideration of those issues amounted to the breach of rules of hearing as enshrined in the 1999 Constitution?

2. Whether the lower court has correctly interpreted and applied the provisions of order 24 Rules (2) and (3) and order 25 Rule 6 (1) and (35) of the Kano State High Court (Civil procedure) Rules 19883. ?

3. Whether the statute of Limitation can be applicable in the circumstance of this matter having regard to the case of OFFOBOCHE VS OGOJA LGS (2201) (sic) 7 SCNJ 468 AT 483, 490 – 49 AND EKEOGU VS ALIRI (1990) NWLR (part 126) 345 at 354, and the contractual nature of the relationship between the Appellant and Respondents?

RATIONES DECIDENDI

EFFECT OF FAILURE OF A PARTY TO RAISE OBJECTION TO PROCEDURE AT THE TRIAL COURT

where a party fails to raise an objection during trial, he is deemed to have waived his right to do so on appeal on the particular point or procedure- Mukhtar J.S.C

EFFECT OF UNCHALLENGED EVIDENCE

Evidence that are relevant to the matter in controversy, and that have not been challenged or debunked remain good and credible evidence that may be used in the just determination of a dispute – Mukhtar J.S.C

WHEN ISSUE OF JURISDICTION CAN BE RAISED

The Statute of Limitation is matter of jurisdiction which can be raised at any stage of litigation, and I will add here, even in the Supreme Court- Mukhtar J.S.C

CASES CITED

Adeleke v. Iyanda 2001 13 NWLR part 729 page 1Aikhianbare v. Omoregie 1976 12 SC. 11Obembe v. Wemabod 1977 5 S.C. 115 FRN v. GOLD 2007 11 NWLR part 1044 page 1Olubanjo v. Dawodu 2006 15 NWLR part page 76.

STATUTES REFERRED TO

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