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CaseLaw

Onyiuke V. E.S.I. Agency (1974) CLR 10(a) (SC)

Judgement delivered on October 31st 1974

Brief

  • Jurisdiction of Court in former Eastern Nigeria
  • Seizure of assets

Facts

The plaintiff brought an action in the Port Harcourt High Court for

  • a
    A declaration that the former Eastern Nigeria Edict No. 11, The Detention (of Persons) Edict, 1966, contravened the Constitution (Suspension and Modification) Decree No. 1 of 1966 and the Constitution of the Federation 1963.
  • b
    a declaration that the seizure of the plaintiff's properties in December 1966 by the Military Government of the then Eastern Nigeria is void, illegal, and of no effect, and
  • c
    a return to the plaintiff by the defendants of all the money and articles amounting to £58,581:16s:10d which materials were purported to be confiscated by the then Eastern Nigeria Government under the aforesaid Decrees.

The respondents brought a motion for the dismissal of the plaintiff's suit on the ground that the court lacked Jurisdiction to entertain it.

The High Court held that it had no jurisdiction to entertain the plaintiff‘s suit.

Issues

  • 1
    Whether an Eastern Nigeria High Court lacked jurisdiction to entertain a...
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