May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11355 In the Supreme Court of Nigeria Fri Jan 29, 2010 Suit Number: SC.22/2002 CORAM PARTIES FAITH ENTERPRISES LTD. APPELLANTS B.A.S.F NIGERIA LIMITED […]
CORAM
PARTIES
FAITH ENTERPRISES LTD. APPELLANTS
B.A.S.F NIGERIA LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was indebted to the respondent and judgment was given in favour of the respondent at the High Court, which judgment was affirmed by the court of appeal
HELD
Appeal struck out for lack of competence.
ISSUES
RATIONES DECIDENDI
WHEN CONDITION PRECEDENT OF APPEAL IS NOT FULFILLED.
“Where the condition precedent to the exercise of the right of appeal is necessary but has not been fulfilled, there is no appeal. To use the legal term, the appeal is then said to be incompetent”. Per MOHAMMED, JSC
APPEAL ON QUESTIONS OF LAW ALONE.
“For this court to have jurisdiction to hear and determine an appeal before it, no leave is required where the grounds of appeal involves question of law alone and simplicitar.” Per MUNTAKA-COOMASSIE, JSC
CASES CITED
1. Olowosoke v. Oke (1972) 11 S.C 1.
2. Akwiwu Motors Ltd. And Anor. v. B. O. Songonuga (1984) 5 S.C. 184