OKE & ANOR
V.
ATOLOYE & ORS.

(1985) JELR 39962 (SC)    

Supreme Court  ·  SC.259/1984 ·  12 Jul 1985 ·  Nigeria
 · 
Other Citations
Oke v. Atoloye (1985) NWLR (Pt.9)578 (1986) 1 S.C 422
Oke v. Atoloye (1985) 2 NWLR (Pt. 9) 578
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
supreme court
section
federal court of appeal
western state court of appeal
commencement of this decree
court of appeal
1st october
notice of appeal
proposed appeal
high court
sections
chief williams
pending appeal
court of appeal of the former western state
applicable rules of court
decision of the court of appeal
provisions of the federal court of appeal decree
western state
interpretation act
no.2 decree
act no.
decision of the former western state court of appeal
decree no.
western state court of appeal edict
aforesaid western state court of appeal
applicable constitutional provisions
chief chukwura
chief justice of nigeria power
constitutional channel of appeal
decision of the federal court of appeal
d. o. coker
high court of western state
leading judgment
learned chief justice
lord diplock
miscellaneous provisions
new section
oral argument
question of jurisdiction of the federal court
reasons today
records of appeal
records of the appeal
retrospective legislation
rights of a change of the law
sub-section
such court
supreme court vide section

D. O. COKER, J.S.C. (Delivering the Leading Judgment): On the 6th day of May, 1985, the preliminary point impugning the jurisdiction of the (Federal) Court of Appeal to hear and determine the appeal against the decision of the former Western State Court of Appeal, delivered on the 20th day of July, 1983, was dismissed and indicated then that I will give my reasons today.

On the 26th day of February, 1973, Ayoola J., in the then High Court of Western State, dismissed the Plaintiffs' claims, and they appealed in accordance with the applicable Constitutional provisions at the time to the Court of Appeal of the former Western State of Nigeria. On the 17th day of July, 1975, the appeal was allowed and judgment entered in their favour. The defendants then appealed to the Supreme Court, by leave granted on the 12th September, 1975, by the aforesaid Western State Court of Appeal. The records of appeal had not been transmitted to the Supreme Court when the Constitutional channel of Appeal to t…

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