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AUTO IMPORT EXPORT V. J. A. A. ADEBAYO (RECEIVER AND MANAGER, CONTINENTAL MOTORS AND ENGINEERING CO. LTD.) A. O. OBIKOYA & SONS LTD. NATIONAL BANK OF NIG. LTD.

(2002) JELR 56093 (SC)

Supreme Court  •  SC. 49/1997  •  13 Dec 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JSC ANTHONY IKECHUKWU IGUH, JSC (Read the Lead Judgment) SAMSON ODEMWINGIE UWAIFO, JSC NIKI TOBI, JSC

Appearances
O. M. Sagay, Esq., (with him, Mr. M. S. Agwu) - for the Appellant. -*- Chief D. Ajayi, (with him, A. Ajayi, Esq.) - for the 1st and 3rd -*- respondents. E -*- J. I. Nweze, Esq. - for the 2nd respondent.

Judgement

IGUH, JSC (Delivering the Lead Judgment): When this appeal came up for hearing on the 7th day of October, 2002, learned counsel for the parties adopted their respective briefs of argument and indicated that they had nothing to add. Of considerable significance, however, is the fact that all three respondents in their briefs of argument raised preliminary points of law which, in the main, turned on the vital issue of jurisdiction. The question canvassed is whether this court has jurisdiction to entertain this appeal. The submission of learned respondents’ counsel is that this appeal is improperly before the court, that it is incurably defective and incompetent and that this court is consequently deprived of jurisdiction to entertain it. Learned leading counsel for the 1st and 3rd respondents, Chief Duro Ajayi, did give notice of his preliminary objection to this appeal in his brief of argument. Relying on the provisions of Order 2 Rule 9(1) of the Supreme

Court Rules, 1985 learned cou…

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