LAGOS CITY COUNCIL V. EMMANUEL AYODEJI AJAYI
August 27, 2025OSIAH ORUNGUA & ORS V. THE STATE
August 27, 2025Legalpedia Citation: (1970) Legalpedia (SC) 15346
In the Supreme Court of Nigeria
Wed Jul 1, 1970
Suit Number: SC 105/1968
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
TRUSTEES NIG. RAILWAY CORP. PENSIONS FUND APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claimed a declaration that the defendant was entitled to claim a part of six months salary or a fair assessment of the loss occasioned by the inadequate notice of his termination of employment. The defendant on the other hand filed a motion asking the High Court to strike out the case on the ground that the matter had been decided by arbitration.
HELD
The Court dismissed the appeal on the ground that the Defendant was asking the Court to hear a preliminary objection why the action should not be heard at all and this was a quite different submission which could only be raised by demurrer under the Rules of Court in force and within the appropriate time, and it was not.
ISSUES
Whether the learned trial Judge was wrong to treat the defendants objection as a demurrer
RATIONES DECIDENDI
RIGHT OF THE DEFENDANT TO RELY ON A LEGAL POINT IN HIS DEFENCE TO HEAR A PRELIMINARY POINT
“A defendant is however perfectly entitled to rely upon any legal point in his defence and if he can persuade the court to hear a preliminary point at issue between the parties on the basis that to do so will dispose of the action then in the discretion of the trial judge it could be done.” Per LEWIS, JSC
WHEN A JUDGE CAN CONSENT TO HEARING OF A PRELIMINARY ISSUE BEFORE THE ACTION IS HEARD IN FULL
“It is only in exceptional cases and when it is absolutely clear that it is likely to dispose of the action that a Judge should consent to a hearing of a preliminary Issue even on a point of law before the action is heard in full – such points could always be taken in the course of the hearing of the action if there is any doubt whether hearing a preliminary issue will dispose of the matter.” Per LEWIS, JSC
CASES CITED
Atugbue v. Chime (1963) 1 All N.L.R. 208
Windsor Refrigerator Co. Ltd. v. Branch Nominees Ltd. (1961) Ch. 375
STATUTES REFERRED TO
Lagos High Court Rules
