ALIMS NIGERIA (LIMITED) VS UNITED BANK OF AFRICA

CORAM

PARTIES

ALIMS NIGERIA LIMITED APPELLANTS

UNITED BANK OF AFRICA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant as plaintiff filed an action against the respondent at the trial court for a declaration that the Deed of Floating Debenture executed between the plaintiff and the defendant do not allow the defendant to unilaterally alter the status of the debt from loan to overdraft thus attracting higher interest, an injunction restraining the defendant and its agents from carrying out its threats to enforce its rights in the deed of floating debenture and legal mortgage, the Respondent’s counter-claim was dismissed and the trial court granted the reliefs. Aggrieved, the respondent’s appealed to the Court of Appealed which was equally dismissed, he further appealed to this court.

HELD

APPEAL DISMISSED

ISSUES

1. Whether the Court of Appeal misdirected itself when it held that the learned trial judge could suo motu raise the issue of jurisdiction in the instant case and there declined to interpret an earlier judgment of the trial court.?

RATIONES DECIDENDI

ISSUE OF JURISDICTION- WHEN ISSUE OF JURISDICTION MAY BE RAISE

“It is now clear that the issue of jurisdiction is a threshold one which can be taken at any stage of the proceedings; even before the apex court for the first time. It can be raised by any of the parties or by the court suo motu. Where there are sufficient facts ex facie on the record establishing a want of competence or jurisdiction, the judex has the duty to raise it suo motu, if the parties fail to draw the attention of the court to it. In such a situation where the raises it suo motu, it is proper to invite the address of both counsel before deciding one way and the other. However, failure of the court to so invite the address of counsel, does not, ipso facto, render such a decision a nullity unless it is shown that the decision is incorrect or occasioned a miscarriage of justice.” PER J.A. FABIYI, JSC

GROUND OF APPEAL-WHERE NO ISSUE IS FORMULATED FROM GROUND OF APPEAL

“It is basic that where no issue is formulated from a ground of appeal; or no relevant issue distilled from same, as in this mater, the ground is deemed abandoned under our law. Such a ground is liable to be struck out.” PER J.A. FABIYI, JSC

JURISDICTION OF A COURT-WHEN THE ISSUE OF JURISDICTION SHOULD BE DETERMINED

“Jurisdiction is very fundamental. It should be determined at the earliest opportunity when raised. If a court has no jurisdiction to hear and determine a case, the proceedings remain a nullity ab initio no matter how well conducted and decided. A defect in competence is not only intrinsic, but extrinsic to the entire process of adjudication.” PER J.A FABIYI, JSC

CASES CITED

UDOECHI V J.L ALINARAT (2000) FWLR (PT. 22) 2003 AT 2010ALHAJI ABUDU W. AKIBU V ALHAJI MUNIRATU ODUNTAN & ORS. (2007) 7 SCNJ 189SPARKLING BREWERIES LTD. & ANOR V UNION BANK LTD. (2001) 7 SCNJ 321.MADUKOLU V NKEMDILIM (1962) 2 SCNLR 341OLOBA V AKEREJA (1988) 3 NWLR (PT. 84) 508

STATUTES REFERRED TO

NONE

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