(1977) JELR 49361 (SC)    

Supreme Court  ·  SC.395/1975 ·  14 Jan 1977 ·  Nigeria
Other Citations
(1977) All N.L.R 169 Ndaeyo v. Ogunaya (1977) 1 S.C. 7
UDO UDOMA Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
high court law
port harcourt
printing machine
trial court
learned trial judge
provisions of section
civil war
high court
high court of imo state
cross river
evidence shows
jurisdiction of the court of trial
police authorities
subject matter of the claim
virtue of section
want of jurisdiction
abandoned property authority of the rivers state
advice of the imo state ministry of justice
aforesaid deals
business premises
capital of imo sate
decisions of the learned trial judge
determination of the ownership of the said machine
federal troops
final judgement
heidelberg printing machine
high court law cap
high court of the former east central
high court of the rivers state of nigeria
iv of the high court rules
judgement set
leading judgment
loss of the printing machine
order vii rule
possible criminal court action
provision of section
provisions of the abandoned property edict
provisions of the high court law
purpose of his business
repair of the said lorry
rivers state abandoned property authority
situs of the court of trial
south eastern
subject matter
trial of any suit

C. IDIGBE, J.S.C.(Delivering the Leading Judgment): The appellant is the defendant in an action in detinue heard and determined in the High Court of the former East Central (now Imo) state, holden at Owerri. During the Nigeria civil war the respondent (i.e. the plaintiff in these proceedings) lost a Heidelberg Printing Machine, the subject matter of the claim in these proceedings - in circumstances which according to him - quite possibly, amounted to stealing by a servant or a highway robbery. The facts leading to the loss of the printing machine aforesaid (hereinafter referred to as "The Printing Machine") are not only somewhat vague certainly indecisive on the issue of stealing or robbery but they are, however, not really material to the principal questions in this appeal; and these are whether these proceedings were commenced in the proper venue and, if not, whether they are invalid for want of jurisdiction in the trial Court.

Briefly, the facts in support of the respondent's claim…

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