(2002) JELR 44736 (SC)    

Supreme Court  ·  SC.49/1997(1) ·  13 Dec 2002 ·  Nigeria
Other Citations
Auto Import Export v. Adebayo (2002) 18 NWLR (Pt.799)554 (2002) 12 S.C (Pt.I) 158
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
extension of time
notice of appeal
laws of the federation of nigeria
supreme court act
supreme court rules
present case
provisions of order
order of this court
1st day of july
4th day of october
civil case
final decision of the court of appeal
service of the process
17th day of november
3rd respondents
appellant leave
chief duro ajayi
circumstances of the case
notice of his preliminary objection
prescribed period
provisions of section
public holiday
7th day of october
clear days
common knowledge
date of the event
general rule
issue of the jurisdiction of the appellate court
judgment of the court
leading judgment
learned lord justice
next working day
o. m. sagay esq
original case file of the appeal
particular event
preliminary points of law
respective briefs of argument
said order
said orders of this court
s. m. a. belgore
vacation period of the supreme court
various decisions of this court
virtue of the practice direction
vital issue of jurisdiction

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): When this appeal came up for hearing on the 7th day of October, 2002, learned counsel for the parties adopted their respective briefs of argument and indicated that they had nothing to add. Of considerable significance, however, is the fact that all three respondents in their briefs of argument raised preliminary points of law which, in the main, turned on the vital issue of jurisdiction. The question canvassed is whether this court has jurisdiction to entertain this appeal. The submission of learned respondents' counsel is that this appeal is improperly brought before the court, that it is incurably defective and incompetent and that this court is consequently deprived of jurisdiction to entertain it.

Learned leading counsel for the 1st and 3rd respondents, Chief Duro Ajayi, did give notice of his preliminary objection to this appeal in his brief of argument. Relying on the provisions of order 2 rule 9(1) of the Supreme Court Rul…

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