May 16, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 14171 In the Supreme Court of Nigeria Fri Dec 7, 2012 Suit Number: SC. 460/2011 CORAM NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT […]
CORAM
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYIULE JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
PARTIES
SULEIMAN ATAGO APPELLANTS
MR. IBISO NWUCHE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is a pre-election matter; the plaintiff by originating summons sought a declaration from the court that the 1st defendant is not a member of P.D.P amongst others, the learned trial Judge struck out the appellant’s case for being incompetent. The Court of Appeal upheld the judgment, hence this further appeal by the appellant.
HELD
Appeal allowed and the case was remitted to the Federal High Court for hearing by another Judge.
ISSUES
1.Whether the learned Justices of the Court of Appeal were not right in law upholding the decision of the Federal High Court that the appellant’s case was wrongly commenced by way of originating summons.?
2.Whether the learned Justices of the Court of Appeal were not right in law to have held that there exists no legal reason for the court of appeal to interfere with the trial court’s refusal to try and determine appellant’s suit as commenced and constituted by way of originating summons.?
RATIONES DECIDENDI
GROUND OF APPEAL – FACTS OR MIXED LAW AND FACTS
“A ground of appeal can only be of facts or mixed law and facts if it is based on a decision of lower court derived from disputed facts.” PER GALADIMA, JSC
FORM OF COMMENCEMENT OF AN ACTION – WHETHER IT AFFECTS THE CASE
“The form of commencement of an action does not necessarily make it incompetent. It does not matter whether the action was begun by writ of summons or by originating summons. What is most important is the question of justice of the case.” PER GALADIMA, JSC
GROUNDS OF LAW – EXAMPLES OF
“This court has in a number of cases clearly categorized and recognized errors which in a ground of appeal could be regarded as ground of law. This includes: where an adjudicating tribunal or court, in reaching its decision took into account some wrong criteria; where the issues raised on the grounds of appeal are based on legal interpretation of deeds, documents, terms, words and phrases (and inference drawn from them); and where the complaint is about misunderstanding of the law or misapplication of the law by the adjudicating tribunal or court etc.” PER GALADIMA, JSC
CASES CITED
Bamgboye v. University of Ilorin [1999] 6 SCNJ 295Famfa Oil Ltd v. A.G of the Federation [2003] 18 NWLR (Pt. 852) 453
STATUTES REFERRED TO
NONE