(2011) JELR 46096 (CA)    

Court of Appeal  ·  CA/A/102/2004 ·  10 Feb 2011 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
fct high court
federal high court
high court
provisions of section
statement of defence
supreme court
agency of the federal government
learned counsel
extension of time
federal government
position of the law
trial court
want of jurisdiction
cause of action
administrative action
appointment of the respondent
decisions of the fct high court
lead judgment
strength of his own case
above account of the absence of a brief
application of the appellant
bailiff of the court
compelling reason
constitution of the federal republic of nigeria
exclusive jurisdiction of the federal high court
exercise jurisdiction
favour of the respondent
grounds of appeal
instant case
issue of jurisdiction of fct high court
judgment of the court
judgment of the learned trial judge
judicial proceedings
leading judgment
learned trial judge
notice of appeal
plaintiffs claim
pronouncement of the said issues
provision of s.230
rules of court
rules of the court
subject matter of the action
suit no.fct
virtue of the provision of section

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decisions of the FCT High court in Suit No.FCT/HC/CV/848/01 contained in the ruling and judgment both delivered on the 19/3/03. In the ruling, the Appellant's application for extension of time to file its statement of defence to the claims against it by the Respondent was refused and the judgment was entered in favour of the Respondent.

Being dissatisfied with the decisions, the Appellant filed a notice of appeal against them. For their brevity, I can afford to set out the grounds of appeal without their particulars and they are as follows:


The learned trial Judge erred in law in entertaining the Plaintiffs claim against the Defendant when it was apparent that he lacked jurisdiction to adjudicate on the claims against the Defendant before him, which error has occasioned a miscarriage of justice.


The judgment of the learned trial judge is against the weight of evidence.


There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login