(2002) JELR 44583 (SC)    

Supreme Court  ·  SC.147/1998 ·  13 Dec 2002 ·  Nigeria
Other Citations
EZE V. OKECHUKWU (2002) 12 S.C. (PART II) 103
Eze v. Okechukwu (2002) 18 NWLR (Pt. 799) 348
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
action notice
public officer
traditional ruler
laws of anambra state
civil capacity
state proceedings law
trial court
court of appeal
statement of defence
learned trial judge
majority of the justices of the court
respect of any act
traditional ruler of ihiala
3rd defendants
leading judgment
meaning of the provisions of cap
military governor
present case
special defence
case of the appellant
jurisdiction of the court
military governor of anambra state
recognised traditional ruler
special duties
1st respondent
act of recognition of the 4th defendant
amended version
attorney-general of the state
case of a public officer
civil proceedings
detailed statement of the customary law of the town
functionaries of the government of anambra state
high court of anambra state
issues of fact
issues of law
laws of nigeria
leading judgment of the court
learned justice
months' notice
nnewi high court
oluoha of ihiala community
said government functionaries
s. o. uwaifo
such documents
suit no. hn
vide decree no.

S. O. UWAIFO, JSC. (Delivering the Leading Judgment): When the Court of Appeal, Enugu Division, heard the appeal from the judgment of Ononiba, J., sitting at the High Court of Anambra State holden at Nnewi, the issues essentially canvassed had been narrowed down to those of law. They were two, which the appellant stated thus:

A. Was the jurisdiction of the Court to hear and determine Suit No. HN/67/88 properly ignited when it essayed to hear and determine the matter without the plaintiffs complying with pre-action notice prescribed under Section 11(2) of State Proceedings Law, Cap. 131, Vol. 4 Laws of Anambra State.

B. Had the Nnewi High Court or any Court the jurisdiction to inquire into the act of recognition of the 4th defendant/appellant by the Military Governor of Anambra State and set the same aside as void. vide Decree No. 13 of 1984 or Cap. 137, Laws of Nigeria, 1990?

In the leading judgment of the court below by Salami, JCA., concurred in by Tobi, JCA., from which Akpabio, JC…

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