Customer Support

NDUKA EZEIGBO & ANOR
V.
ASCO INVESTMENT LTD. & ANOR

(2022) JELR 111469 (SC)

Supreme Court 21 Jan 2022 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against the decision of the Court of Appeal, Jos Division, which allowed the respondents' appeal against the judgment of the Federal High Court, Jos. - The appellants brought claims for breach of fundamental rights

Case Details

Suit Number:SC.437/2015
Judges:MUSA MUHAMMAD DATTIJO, JSC CHIMA CENTUS NWEZE, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC HELEN MORONKEJI OGUNWUMIJU, JSC
Counsel:Stephen I. Ofagbor, Esq. for the Appellants; Gyang Zi, Esq. (with him, R.T. Yilwatda, Esq. and Y.I.Dadai, Esq.) for the Respondents.

GARBA, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Jos Division (lower court) contained in the judgment delivered on the 2nd of February, 2015, allowing the appeal by the respondents against the judgment of the Federal High Court, Jos (trial court) setting it aside and dismissing the claims for breach of fundamental rights brought under sections 34, 35 and 41 of the 1999 Constitution (as altered).

The notice of appeal containing four grounds, was filed on the 4th May, 2015 and in the appellants’ brief filed on the 16th July, 2015, four issues are set out for determination by the court in the following terms:-

“1. Whether the Court of Appeal is not wrong in holding that the provision of Order VIII (1), and of the Fundamental Rights Enforcement Procedure Rules, 2009 is not mandatory despite the express use of the word “must” (Ground 1).

2. Whether the Court of Appeal or any court for that matter is entitled to take up points of fact…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.