(2022) JELR 109159 (SC)    
Supreme Court  ·  SC.48/2014 ·  7 Jan 2022 ·  Nigeria
Mary Ukaego Peter-Odili JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC
Core Terms Beta
trial court
court of appeal
court of appeal rules
extension of time
appellant's appeal
issue no.
record of appeal
preliminary objection
appellant's application
17th day of october
appellant's brief
high court
suo motu
stay of execution of the judgment
appellant's appeal pursuant
determination of this application
instant appeal
learned counsel
motion ex parte
respective parties
september 23rd
set aside
want of jurisdiction
1st respondent
alternative prayers
appeal no. ca
appellant's speed boat
assistant administration manager of the appellant
commencement of garnishee proceedings
death of the said mr. s.
fateful day
foremost file
genesis of the appeal
given case
leading judgment
mr. ht minakiri
natural fall-out of the decision of the court
respective briefs of argument
said ruling of the trial court
service of the originating processes
such fundamental issue
superior court of record
tayo oyetibo san
trial high court vide

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The instant appeal is a natural fall-out of the decision of the Court of Appeal, Port-Harcourt, Judicial Division, coram Ejembi Eko, JCA (as he then was), Modupe Fasanmi and Stephen J. Ada, JJCA, delivered on January 27th, 2014 in appeal No. CA/PH/295/2013. By the decision in question, the Court below dismissed the Appellant's appeal challenging the decision of the Rivers State High Court in suit No. NHC/91/2000 delivered on March 8th, 2013.


The facts and circumstances surrounding the appeal are not at all far-fetched. They are deducible from the record of appeal, evidently transmitted from the Court below to this Court on October 6th, 2021. Indeed, the genesis of the appeal is traceable to September 23rd, 1991. That was the fateful day one Siyeofori A lamina was killed while fishing in Ogu Creek, in Ogu lobolo Local Government Area of Rivers State, in an accident allegedly caused by the Appellant'…

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