May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 53311 In the Supreme Court of Nigeria Fri Mar 19, 2010 Suit Number: SC.4/2003 CORAM JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT […]
CORAM
JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT
OYELOLA ADEKEYE , JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE , JUSTICE, SUPREME COURT
PARTIES
CYRIL O. OSAKUE APPELLANTS
FEDERAL COLLEGE OF EDUCATION & 2 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant brought an action against his employer but during the proceedings, the law was changed. Both lower courts declared that the appellant’s cause of action accrued when his employment was terminated on. 30/3/90 and the appellant’s cause of action arose before Decree 107 was promulgated, as the Decree came into effect on the 18th of November 1993.
HELD
Appeal allowed
ISSUES
RATIONES DECIDENDI
THE JURISDICTION OF A STATE A COURT.
“The High Court of a State had unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person”. Per Adekeye, JSC
WHAT LAW DETERMINES CAUSE OF ACTION.
“The relevant law applicable in respect of a cause of action is the law in force at the time the cause of action arose, and the law relating to jurisdiction is the prevailing law when the action was instituted and heard. The law in both situations may not co-exist.” Per Adekeye, JSC
CASES CITED
1. Adah v. NYSC (2004) 13 NWLR pt. 891 pg. 639.
2. Utih v. Onoyivwe (1991) 11 NWLR pt. 166 pg.166,
3. Uwaifo v. A-G Bendel State (1982) 7 SC pg. 224.
4. Sossa v. Fokpo (2001) 1 NWLR pt. 693 pg. 16.
5. Gov. of Oyo State v. Folayan (1995) 8 NWLR pt.413 pg. 292,
6. I.G.P. v. Aigberemolen (1999) 13 NWLR pt. 635 pg, 443.
7. Pinner v. Pinner 33 N.C. App. 204, 234 SE. 2d 633.
STATUTES REFERRED TO
The constitution of the Federal Republic of Nigeria 1999