CaseLaw
Min. Of Works & Transport Vs. Yakubu (2013) CLR 1(c) (SC)
Judgement delivered on January 25th 2013
Brief
Facts
This is an appeal against the judgment of the Court of Appeal Jos Division, hereinafter called the lower court. The said judgment was delivered on 22/3/2005. The appellants being aggrieved by the judgment of the lower court as a result, appealed to this court after leave was granted them to appeal on the emended Notice of Appeal which included a fundamental ground challenging the competence of the appeal before the lower court which arose from the respondents' suit commenced before the trial court by Writ of Summons/Statement of Claim which were signed by a law firm instead of counsel.
Another ground is that the appeal involves the consideration of settled legal issues, i.e. the competence of an action commenced against a public officer outside the period prescribed by the Public Officers Protection Act (P.O.P), also the competence of an action against non-juristic persons, the competence of reliefs which are statute barred, the propriety of granting reliefs which are neither claimed nor supported by pleadings and/or evidence and the propriety of granting double compensation in respect of the same injury.