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OMISADE & ORS
V.
AKANDE

(1987) JELR 42694 (SC)

Supreme Court 10 Apr 1987 Nigeria
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- The case involves a dispute between the directors of a company regarding the affairs of the company. - The main issue is whether the State High Court had jurisdiction to adjudicate on the matter or if it fell within the exclusive jurisdic

Case Details

Suit Number:SC.74/1984
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:Chief Dele Awoniyi for the 1st and 2nd AppellantsA. D. Sogbesan SAN, with him E. Rewane for the 3rd Appellant For Appellant Chief F. R. A. Williams SAN, with him T. E. Williams For Respondent
Other Citations:Omisade v. Akande (1987) 2 NWLR (Pt.55)158 (1987) All N.L.R 285 (1987) 4 S.C 109, (1987) 2 NWLR (Pt. 55) 158, (1987) JELR 71814 (SC)

BELLO, C.J.N.(Presiding and Delievering the Leading Judgment): The suit culminating in this appeal was tried by the High Court of Lagos State. The first important issue for determination in the appeal is whether, having regard to the fact that the suit primarily involved a dispute between the directors of a company in connection with the affairs of their company, the matter was within the exclusive jurisdiction of the former Federal Revenue Court and the High Court of Lagos State had no jurisdiction to adjudicate on it. The issue was neither raised in the High Court, nor in the Court of Appeal. It has been taken for the first time in this Court.

It is relevant to point out that the writ of summons in the suit was dated 22nd October 1976. The appeal must therefore be determined in accordance with the law relating to the jurisdictions of the Federal Revenue Court and the State High Court as it was in 1976 and not on the law as it is today.

The salient facts giving rise to the case may …

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