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(2009) JELR 47311 (SC)

Supreme Court 17 Jul 2009 Nigeria
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- The appellant (plaintiff at trial) sued for damages in negligence and/or bailment in the Anambra State High Court; trial before Iguh, CJ commenced in 1990 and judgment was delivered on 20 July 1993. - Prior to judgment, Iguh, CJ was appoi

Case Details

Suit Number:SC.216/2002
Judges:ALOYSIUS IYORGYER KATSINA-ALU JSC MAHMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC
Counsel:C. C. Echetebu (Mrs) For the Appellant; L. A. Njemanze for the 1st and 2nd respondents; O. J. Nnadi for 3rd respondent.

M. MOHAMMED, J.S.C (Delivering the Leading Judgment): The Appellant in this appeal was the Plaintiff at the trial High Court of Justice Anambra State and was the 1st Respondent at the Court of Appeal Enugu Division. The 1st and 2nd Respondents in this Court were the Defendants at the trial High Court while at the Court of Appeal, they were the Appellants. The Third Party Universal Insurance Company which was joined in the action at the trial High Court was the 2nd Respondent at the Court of Appeal. The 1st and 2nd Respondents as Defendants at the trial Court who were dissatisfied with the judgment of the trial Court against them jointly appealed against it to the Court of Appeal Enugu where in their Appellants' brief of argument for the determination of their appeal, they raised 8 issues. The first of these issues being one on jurisdiction states whether the trial court had the jurisdiction to conclude the trial at the High court on 20th July, 1993 when the learned trial Judge was app…

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