FIDELITY BANK PLC VS. CHIEF ANDREW MONYE & ORS

CORAM

PARTIES

FIDELITY BANK PLC APPELLANTS

CHIEF ANDREW MONYE & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

On the 2nd of April 1996 the trial Judge granted leave to the 1st respondent to enforce his fundamental rights. His Lordship fixed the hearing of the Motion on Notice for the 17th of April 1996. The Motion on Notice was not heard on the 17th of April 1996. It was heard on the 20th of May 1997 by Gumel, J . His Lordship held that the proceedings were a nullity, relying on Ogwuche v. Mba 1994 4 NWLR pt, 336 p. 75 and Order 2 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 1979. The suit was struck out.

The Court of Appeal Lagos Division thought differently. That court allowed the appeal and directed that the Motion on Notice by the appellant (the 1st respondent) he heard de novo by another judge of the Federal High Court Lagos. The court further directed that the application is to be heard most expeditiously.

HELD

Appeal dismissed

ISSUES

NONE

RATIONES DECIDENDI

MISCHIEF RULE OF INTERPRETATION

“The court should adhere to the purposes of a provision where the history of the legislation indicates to the court the object of the legislature in enacting the provision.” PER ADEKEYE, JSC

CASES CITED

1. Chrisdon Ind. Co. Ltd. v. AIB Ltd. (2002) 8 NWLR (Pt.768) 152

2. Bronik Motors v. Wema Bank (1983) 1 SCNLR 296.

3. Amadi v. Acho (2008) 12 NWLR (pt.939) pg.386.

STATUTES REFERRED TO

Fundamental Rights (Enforcement Procedure) Rules 1979

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