Customer Support

AJAO
V.
OYEWUSI

(2007) JELR 56414 (CA)

Court of Appeal 12 Jul 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/I/119/2002
Judges:MUSA DATTIJO MUHAMMAD JCA (Presided and Read the Lead Judgment) ALFRED PEARSON EYEWUMI AWALA JCA JOHN INYANG OKORO JCA
Counsel:Kola Ola Woye Esq. - For the Appellant -*- Chief C. J. Aremu (with him, H. A. Adeokun) - For the 1st -*- Respondent. E -*- A. O. L. Okunade - For the 3rd & 4th Respondents. -*- K. P. Badamosi - For the 2nd Respondent.

MUHAMMAD JCA (Delivering the Lead Judgment): This appeal once again raises the fundamental issue of a court’s jurisdiction which necessarily comes into focus following the non performance by a plaintiff of a conditionprecedent to the commencement of the action and a challenge by the defendant of the competence of the action. The place, import and applicability of the doctrine of stare-decisis in the adjudication process is a subsidiary question. It is an appeal against the decision of the Osun State High Court, coram Bada J , in suit No.HOS/82/86, dismissing plaintiffs claim in its entirety for want of jurisdiction. The judgment appealed against is dated 7 June 2001. The plaintiffs and the defendants at the lower court are, before us, appellants and respondents respectively. They will be referred to as such from now on in this judgment.

Paragraph 40 of the appellants amended statement of claim, dated 21 May 1997, contains the former’s claim against the respondents. It reads as fo…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.