Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2014) JELR 57853 (HC)    

High Court  ·  FHC/L/CS/1234/13 ·  26 Sep 2014 ·  Nigeria

Ratio Decidendi

Core Terms Beta
2nd defendant
federal road safety commission
constitution of the federal republic of nigeria
judicial powers
nigerian roads traffic regulations
driver’s licence
national assembly
originating summons
ultra vires
preliminary objection
written address
2nd defendant’s notice
acts of the 2nd defendant
alleged traffic offenders
federal high court rules
provisions of sections
abuse of court process
court trial
drivers licence
due process of law
exercise of judicial powers
order of the court
plaintiff’s claims
servants of the 2nd defendant
unlawful confiscation of the plaintiff
2nd defendant’s contention
2nd defendant’s power
abuse of the court process
agent of the 2nd defendant
construction of a written law
declaration of the rights of the plaintiff
exclusive legislative list
exercise of powers
guilty party
humble view
issues of substantial facts
judicial power
jurisdiction of this court
lagos state
main thrust of the plaintiff
offence of wind screen violation
order of this honourable court
plaintiff’s case
plethora of cases
provisions of the federal road safety commission
respect of the plaintiff
stipulated fines
such act
such disputable facts

TSOHO J. (Delivering the Lead Judgment): This judgment is in respect of the plaintiff’s originating summons, which was heard together with the 2nd defendant’s notice of preliminary objection. As the preliminary objection challenges the jurisdiction of this court to entertain the plaintiff’s case, it shall first be disposed of.

The 2nd defendant by a notice of preliminary objection dated and filed on 5 December 2013 prayed for an order of this honourable court dismissing this suit for incompetence and lack of jurisdiction. The grounds of objection are stated as follows:

1. That the application was not initiated by due process of law.

2. That the suit is incompetent and amounts to an abuse of court process.

3. The objection is accompanied by a written address of the same date, which learned counsel for the 2nd defendant adopted during argument.

The plaintiff filed a reply dated 24 January 2014 but filed on 27 January 2014 to the 2nd defendant’s notice of preliminary objection. The plainti…

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