Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REGISTERED TRUSTEES OF ECWA CHURCH
V.
IJESHA

(1999) JELR 80323 (CA)    

Court of Appeal  ·  CA/IL/39/99 ·  6 Jul 1999 ·  Nigeria
 · 
Other Citations
(1999) 13 NWLR (Pt. 635) 368
CORAM
MURITALA AREMU OKUNOLA, JCA PATRICK IBE AMAIZU, JCA WALTER SAMUEL N. ONNOGHEN, JCA

Ratio Decidendi

Core Terms Beta
rules
senior advocate of nigeria
counsel
court
law
inferior court
legal practitioner
high court
right of audience
senior advocate
counsel of his choice
learned counsel
area court
senior advocates of nigeria
upper area court
approval of the national council of ministers
fair hearing
capital offence
learned san
sections
sole issue
judicial process
qualified legal practitioner
sub issues
superior courts of record
a. b. edun esq of counsel
above stated sections of the act
accused has none
act cap
appellate jurisdiction coram oyeyipo cj
case no. cuf
clear picture of the sub-issue
constitutional power
facts of the case
high court ilorin
interpretation of the legal practitioners
judgment of the court
judgment of the kwara state high court ilorin
only issue
provisions of this act
provisions of this section
ruling of the upper area court no.
spirit of the constitution
spirit of the constitution of nigeria
support of the above submission

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court Ilorin sitting in its appellate jurisdiction coram Oyeyipo CJ, Adeniyi and Bamigbola JJ. The judgment of the court was delivered by Oyeyipo CJ. The court allowed the appeal and set aside the ruling of the Upper Area Court No. 1 Ilorin in case No. CUF/45/97 delivered on 13/11/97. In its place, the High Court in its appellate jurisdiction sustained the Plaintiff/Respondent's contention that a Senior Advocate of Nigeria cannot appear as counsel before an Upper Area Court which is an inferior court. It is necessary in order to appreciate the only issue raised in this appeal to recapitulate briefly, the facts of the case that gave rise to the appeal. These are briefly as follows:

The Respondent herein instituted a civil action against the Appellant herein at the Upper Area Court 1, Ilorin. The claim relates to a parcel of land. On 10/11/97 when the case came up for hearing…

There's more. Sign in to continue reading.

judy.legal 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