(2004) JELR 45030 (SC)    

Supreme Court  ·  SC.211/1999 ·  17 Dec 2004 ·  Nigeria
Other Citations
Olutola v. Unilorin (2004) 18 NWLR (Pt.905) 416 (2004) 20 NSCQR 256
Olutola v. Unilorin (2004) 18 NWLR (Pt. 905) 416
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
decree no.
trial court
court of appeal
issue of jurisdiction
3rd respondent
cause of action
provisions of decree no.
constitution of the federal republic of nigeria
learned trial judge
lower court
trial judge
governor of lagos state
grounds of appeal
jurisdiction of the trial court
kwara state high court
subject matter
virtue of the provisions of section
briefs of argument
competence of the court
considered judgment
federal military government
judgment of the trial court
jurisdiction of state high courts
leading judgment
provisions of the federal high court act
said judgment
appellant raise
attention of counsel
behalf of the appellant
careful review of the relevant cases
chieftaincy stool of the oloja of igbogbo
earlier decision
enactment of this decree
federal civil service commission
following conditions
general presumption
important issue
lower courts
nature of the action
parastatals of the federal government
pendency of the trial
respect of the action
settled principles
sufficient facts ex facie
takes effect
trial of the matter
vested rights of the appellant
view of the issues
virtue of the new section

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): Appellant commenced this action against the respondent. In view of the issues raised in the appeal, it is considered necessary to state in this judgment the nature of the action that was commenced against the respondent filed, on the 13th day of January, 1993 in the Kwara State High Court. Suffice it to say that during the pendency of the trial, the Decree No. 107 of 1993 was promulgated to take effect from 17th November, 1993. Despite the enactment of this Decree, which affected the jurisdiction of State High Courts to hear and determine actions filed against agencies and parastatals of the Federal Government, the trial of the matter before the Kwara State High Court continued unabated until judgment was delivered by the trial Judge on the 8th of May, 1996. Now it is manifest from the printed record that none of the parties, and also the trial court adverted to the changes brought about by Decree No. 107 with regard to the jurisdict…

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