(2008) JELR 45441 (CA)    

Court of Appeal  ·  CA/L/465/2001 ·  15 Jan 2008 ·  Nigeria
Other Citations
Universal OiL Ltd. v. N.D.l.C (2008) 6 NWLR (Pt. 1083) 254
DALHATU ADAMU Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
civil procedure
high court of lagos state
lead judgment
supreme court
inherent jurisdiction
learned counsel
lower court
federal high court act
provisions of order
waiting list
absence of any such provisions
brother aderemi jca
common ground
common issue
exercise of its inherent jurisdiction
formal application
good reason
honourable justice c. nnamani
inherent power of any court
inherent power of court
lagos zone
leading judgment
liquidator of great merchant bank ltd
lone ground of appeal
nature of the inherent power of courts
ndic vs universal oil ltd
orders of court
para f
respondent counsel
rules of procedure of the federal high court
ruling of the court
ruling of the federal high court
said application
said tribunal
state of defence
subject of specific grant
such institution
suit no. fbfmt
suit number fhc
trial judge

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Lagos delivered by C. Nnamani, J on the 18th July, 2001. The facts of the case may be summarized thus:

Sometime in May 1999 the respondent as receiver/liquidator of Great Merchant Bank Ltd filed an application with suit No. FBFMT/L/Z11/CV/80/99 for the recovery of debt before the Lagos Zone (VII) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal.

Upon the dissolution of the Failed Banks Tribunal, the application which was still pending before the said tribunal when it was transferred to the Federal High Court (Lagos Division) and assigned for hearing before the Honourable Justice C. Nnamani, with suit number FHC/L/FBC/80/2000.

The respondents claim in the said application was for thirteen million one hundred and eighty three thousand, eight hundred and sixteen naira, twenty eight kobo (N=13, 183,816.28) being the balance remaining u…

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