CHARLES SOLUDO V. MR. VALENTINE OSIGBO & ORS.

CORAM

PARTIES

PROF. CHARLES CHUKWUMA SULUDO APPELLANTS

MR. VALENTINE OSIGBO & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents as plaintiff brought an action against the appellant. The Federal High Court declined jurisdiction, and they brought an appeal against that decision. While the substantive matter of jurisdiction was still pending, the court below gave an interlocutory order for the parties to maintain status quo pending the hearing of the substantive suit. This appeal is against the interlocutory order granted by the Court of Appeal.

HELD

Appeal allowed and the interlocutory order of the Court of Appeal discharged.

ISSUES

NONE

RATIONES DECIDENDI

WHEN THE COURT WILL GRANT INTERLOCUTORY ORDER

Interlocutory order shall be granted by the court not as a matter of course but to exercise its discretion judiciously and judicially based on the peculiar circul11stances of the case. The discretion is not supposed to be exercised to destroy the substratum in seeing that justice is not only done but must be manifestly done. Per ADEKEYE JSC

EFFECT OF LACK OF JURISDICTION

A court without jurisdiction cannot make valid orders. Per OGUNTADE JSC

CASES CITED

NONE

STATUTES REFERRED TO

NONE

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