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CaseLaw

Chief Eneh V. NDIC (2018) CLR 7(e) (SC)

Judgement delivered on July 6th 2018

Brief

  • Ground of facts or mixed law and facts
  • Jurisdiction
  • Court of Co-ordinate jurisdiction
  • Brief of argument
  • Preliminary objection
  • Section 233(2)(a) of the 1999 Constitution
  • Section 241 of the 1999 Constitution
  • Section 3(3) of the Failed Bank (Recovery of Debts) and Financial Malpractices Decree 1994
  • Section 230(1) of 1979 constitution (As Amended)
  • Section 251(1) of 1999 constitution
  • Section 168 (1) of the Evidence Act 2011
  • Section 5(1) of the Land Use Act
  • Section 39(a) of the Land Use Act
  • Order 8 Rule 7 of the Supreme Court Rules 1999
  • Order 6 Rule 9 of the Supreme Court Rules 1999
  • Order 2 Rule 9 of the Supreme Court Rules 1999
  • Order 6 Rule 5(1)(a) of the Supreme Court Rules 1999 (As Amended)

Facts

This is an appeal against the judgment of the Court of Appeal, Enugu Division, hereinafter referred to as the lower Court, delivered on the 26th January 2006 setting aside the interlocutory decision of the Enugu State High Court, hereinafter referred to as trial Court, dated 6th day of December 2000.

On the 18th day of August 1998 the appellant as plaintiff at the trial Court commenced suit No. E/388/98 against the respondents.

The 1st respondent filed two motions on the 22nd day of September 1998 and 5th day of June 2000 respectively challenging the trial Courts jurisdiction to entertain the suit. The two applications, on being consolidated on the 4th day of October 2000, were argued together. The trial Court in a considered ruling dated 6th of December 2000 dismissed 1st respondents’ objections to its jurisdiction to hear and determine appellants suit.

Dissatisfied with the decision, the 1st respondent appealed to the lower Court which allowed the appeal and set aside the trial Court's ruling.

Aggrieved by the lower Courts judgment, the appellant has come on appeal against same

Issues

Whether the appellant's two Grounds of Appeal being that of mixed law...

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