CaseLaw
Our Line Ltd V. SCC Nig. Ltd. (2009) CLR 7(L) (SC)
Judgement delivered on July 17th 2009
Brief
Facts
The Appellant which was the Plaintiff at the trial Onitsha High Court of Anambra State instituted its action for damages in negligence in suit No. 0/239/89 on 24th August. 1989. After the exchange of pleadings between the parties, the case proceeded to hearing before Iguh, Chief Judge of Anambra State (as he then was) on 15th November, 1990. The case for the Plaintiff was closed on 8th December, 1992 while that of the Defendant was closed on 24th May, 1993 when further hearing in the matter was adjourned to 4th June, 1993 for the Third Party Defendant to open its case. Meanwhile before the adjourned date on or before 3rd June. 1993, it was announced and published in various Newspapers. some parts of the Nigerian Weekly Law Report. Electronic and Print Media that the learned trial Chief Judge Iguh C.J. (as he then was) had been appointed a Justice of the Supreme Court J.S.C. and will be sworn in on a date to be announced in due course.
With this development, when the case came up on the adjourned date of 4th June, 1993, the learned Counsel to the Defendants now Respondents, raised the question of whether or not having regard to the appointment of the learned trial Chief Judge, the case of the parties before him could still proceed, the learned trial Chief Judge replied in the affirmative explaining that his appointment to the Supreme Court was to take effect on a future date and therefore proceeded with the hearing of the case in which judgment was delivered on 20th July, 1993. It was this judgment that was set aside on appeal by the Court of Appeal for being a nullity having been given without jurisdiction on the part of the trial High Court. The question for resolution therefore in this appeal is whether or not the Court below was right in its judgment now on appeal.
Issues
Whether the verdict of the lower Court is right in view of the relevant notification...