(2016) JELR 45804 (CA)    

Court of Appeal  ·  CA/L/14/2016 ·  18 Nov 2016 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
fair hearing
preliminary objection
record of appeal
counter affidavit
interim order of forfeiture
6th edition
conclusion of investigation
constitution of the federal republic of nigeria
efcc act
financial crimes commission
order of interim forfeiture
accused person
chairman e.f.c.c.
decision of the lower court
equal opportunity
federal high court
following issues
notice of appeal
originating application
affidavit evidence
background facts
chancellor a.p. university shimla air
criminal trial
denial of the right
determination of the criminal charge
determination viz
financial crimes commission crimes
following cases
hon. justice m. a. kurya
interim order of forfeiture of property
jimeta property of the plaintiff
jurisdiction of the lower court
leading judgment
learned counsel
learned trial court
legal effect of provisions of sections
mere rehash of the arguments
order of interim injunction exparte
parte forfeiture order
present case
ruling of the federal high court lagos
state of a.p.
suit no. fhc

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the leading Judgment): This is an Appeal against the Ruling of the Federal High Court Lagos judicial division in suit No. FHC/L/CS/1018/2014 delivered on 5th June, 2015 by Hon. Justice M. A. Kurya wherein the lower Court dismissed the Appellant's Notice of Preliminary Objection challenging the jurisdiction of the lower Court to entertain the Respondent's originating summons. After dismissing the Appellant's Notice of Preliminary Objection, the lower Court proceeded to deliver its judgment on the Respondent's originating summons, and granted all the reliefs sought by the Respondent.

Dissatisfied with the decision of the lower Court the Appellant filed a Notice of Appeal dated 19th June, 2015 and filed same date. It is at pages 192-196 of the Record of appeal and it contained three grounds and from them the Appellant formulated the following issues for determination viz:-

1. Whether the learned Trial Judge was right in assuming jurisdiction to ente…

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