May 12, 2025
Legalpedia Citation: (2013) Legalpedia (CA) 04185 In the Court of Appeal Fri Jun 7, 2013 Suit Number: CA/J/272/2009 CORAM ADRIAN CHUKWUEMEKA ORAH, JUSTICE, COURT OF APPEAL PARTIES […]
CORAM
ADRIAN CHUKWUEMEKA ORAH, JUSTICE, COURT OF APPEAL
PARTIES
1. DR. DARU
2. DR. MADUKA
3. DR. UTOO
4. DR. MICAH
5. DR. OCIIEKE
6. JOS UNIVERSITY TEACHING HOSPITAL (JUTH)
APPELLANTS
BARRISTER IBRAHIM AMINU UMAR RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent instituted an action at the Plateau State High Court of Justice holden at Jos against the Defendants/Appellants alleging that the Defendants/Appellants negligently caused the death of his wife following a surgical operation. He therefore sought a declaration that the illness that the Plaintiff’s wife (Mrs Safiya Ibrahim Aminu Umar) (deceased) presented for treatment at the 6th Defendant was common cold and not a case of ectopic pregnancy which surgery led to her death and thus constitutes acts of gross medical negligence. Upon being served with the processes, the Appellants filed a joint memorandum of conditional appearance together with a notice of preliminary objection challenging the jurisdiction of the court to entertain the suit having regards to the fact that been an agency of the Federal Government, Section 251(1)(p) and (r) of the 1999 Constitution vests exclusive jurisdiction on the Federal High Court. The court after hearing the argument of parties dismissed the preliminary objection. The Appellants being dissatisfied with the decision of the trial court has appealed against same to this court.
HELD
Appeal Allowed.
ISSUES
Whether the learned trial judge rightly held that the plateau state high court had jurisdiction to entertain that suit based on the ground that the cause of action in this suit did not fall under the provisions of section 251 (1)(p) and (r) of the Constitution of the Federal Republic of Nigeria, 1999 as to confer jurisdiction exclusively on the Federal High Court.”
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999
High Court (Civil Procedure) Rules 1988 of Bendel State