judy.legal
Login Register

DAVID SABO KENTE v. DARIUS DICKSON ISHAKU & ORS

(2017) JELR 38192 (SC)

Supreme Court  •  SC.666/2016  •  7 Apr 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Yola Division, hereinafter referred to as the Lower Court, in appeal No CA/Y1/106/2015 delivered on 29th June, 2016. The lower Court in upholding the preliminary objections of the respondents challenging the competence of appellant's Notice of Appeal purportedly filed against the ruling of the Federal High Court, sitting in Yola, in Suit No. FHC/TAR/CS/14/15 dated 17th September, 2015, struck out the Notice. Dissatisfied with the lower Court's judgment, the appellant has appealed to this Court on a Notice filed on 19th July, 2016 containing five grounds. A brief summary of the facts on which the appeal predicates is supplied immediately below.

The appellant commenced Suit No. FHC/TAR/CS/14/15 at the Federal High Court Jalingo by an originating summons seeking the determination of an only question thus:-

"Whether the 2nd Defendant for the purpose of selecting ca…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login