May 27, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 81688 In the Supreme Court of Nigeria Fri May 8, 2009 Suit Number: SC. 246/2002 CORAM ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURTGEORGE […]
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURTGEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURTWA
BODE RHODES- VIVOUR, JUSTICE, SUPREME COURT
ALOYSIUS KATSINA-ALU, JUSTICE. SUPREME COURT
ALOMA M. MUKHTAR, JUSTICE. SUPREME COURT
WALTER S. N. ONNOGHEN , JUSTICE. SUPREME COURT
PARTIES
CHIEF EMMANUEL EZE ONUWKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
the plaintiff/applicant sought a declaration that the defendants were not owners of the disputed land. Later on the plaintiff filed an application for discontinuance during the court’s vacation. The trial judge granted the application. The Court of Appeal set aside the decision of the trial court
HELD
APPEAL DISMISSED
ISSUES
“1. Whether the court below was right in setting aside the orders of the trial court made on 26/ 8/9the ground that the order was void having been made during vacation in a matter that does not warrant urgent attention within the meaning of Order 26 Rule 9(2)(b) and (c) of the Anambra State High Court Rules?
2. Whether the court below was right in setting aside the trial court’s Order dated the 21st day January, 2000, on the ground that the order was not made judicially and judiciously?
3. Whether the court below was right in setting aside the trial court’s Orders of 26/8/98 and21/1/2000, when the Orders did not occasion a miscarriage of justice and no injustice was suffered by the Respondents?”
RATIONES DECIDENDI
WHEN A PROCESS BECOMES NULLIFIED
Any process taken contrary to the provisions of the law Is a nullity for which the affected party Is at liberty to set aside ex debito justitiae. Per CHUKWUMA.ENEH,JSC
CIVIL MATTERS NOT TO BE ENTERTAINED DURING VACATION
By the Rules, during the Annual Vacation of the court, no civil matter or Application shall be entertained by the judex unless, on the face of it, it is seen to be urgent or both parties to the case agree that the case or Application be entertained. Where the other party refuses to grant his consent, the court has no Jurisdiction to entertain the suit or the Application. Per ADEREMI, JSC
CASES CITED
Rasaki v. Egeiben (1994) 6 NWLR (Pt.348) 23
STATUTES REFERRED TO
High Court 0f Anambra State (Civil Procedure) Rules, 1988