ALL PROGRESSIVE GRAND ALLIANCE (APGA) & ANOR V CHIEF VICTOR UMEH & 13 ORS Archives - Legalpedia | The Complete Lawyer - Research | Productivity

CORAM

DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT

FRANCIS FEDODETABAI, JUSTICE, SUPREME COURT

CHISTOPHER MITCHELL , JUSTICE, SUPREME COURT

CHUKWUMA-ENEH, JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT

PARTIES

ALL PROGRESSIVE GRAND ALLIANCE (APGA)CHIEF CHEKWAS OKORIECHIEF VICTOR UMEHALHAJI ABDULLAHI SANI SHIKANFI APPELLANTS

CHIEF VICTOR UMEH & 13 ORS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 2nd Appellant filed this suit against the Respondents challenging his suspension/expulsion as the National Chairman of the 1st appellant at the conclusion of the case the Court ordered parties to file their written addresses but the 2nd Appellant did not file and brought application for a stay of proceedings which was refused and judgment was entered against him, hence for this appeal.

HELD

The Court held that the Appellants’ suit lacked merit.

ISSUES

1. Was the learned trial judge right when he refused the appellant’s application for the discontinuance of the case and proceeded to enter judgment against the appellants?

2. Was the learned trial Judge right when he held that the 2nd appellant was validly expelled from the party when no such relief was sought by the parties?

RATIONES DECIDENDI

DISCRETION OF TRIAL COURT TO REFUSE OR GRANT LEAVE TO DISCONTINUE A CASE

“To grant or refuse to grant leave to discontinue a case is entirely at the discretion of the trial judge. The grant of adjournment is also discretionary. An appellant court will not interfere with the way the trial judge exercise his discretion but would interfere if satisfied that it is in the interest of justice to do so, or the exercise was tainted with some illegality or irregularity” Per DAHIRU MUSDAIIHER, JSC

GROUNDS OF APPEAL

“It has been held time and time again that it is not every error or mistake that can be made a complaint in an appeal, the complaint or error must arise from and affect the crucial issues discussed at the decision. In the final analysis, both the trial court and the Court of Appeal merely dismissed the reliefs sought by the appellants”. Per DAHIRU MUSDAI1HER, JSC

CASES CITED

1. Udabuchi v. Edigbo 2000 4 SC pt.11 p. 124 2. Odusote v. Odusote 1971 ANLR p. 221 3. Okoiko v. Esedalue 1974 3SC p. 15 4. University of Lagos v. Aigoro 1985 1 NWLR pt.1 p. 143

STATUTES REFERRED TO

High Court (civil procedure) Rules of the FCT High Court

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May 21, 2025

ALL PROGRESSIVE GRAND ALLIANCE (APGA) & ANOR V CHIEF VICTOR UMEH & 13 ORS

Legalpedia Citation: (2011-03) Legalpedia (SC) 11671 In the Supreme Court of Nigeria Fri Mar 25, 2011 Suit Number: SC.21/2010 CORAM DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT DAHIRU MUSDAPHER, […]