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PROFESSOR F. N. NDILI V. MR. J. M. AKINSUMADE & ORS.

(2000) JELR 44040 (CA)

Court of Appeal  •  CA/E/197/98  •  1 Feb 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The chequered history of this appeal is bespoken by 1st labyrinthian journey to this Court for the second time on the same issue with an ill-fated excursion in between to the Supreme Court to test out the question of whether this Court was right in holding that the jurisdiction of the trial Court to entertain the action on appeal was not ousted by the public officers (special provisions) Act, Cap. 381 of 1990 Edition of the Laws of Federation of Nigeria. For an appreciation of the ramifications of the facts of the matter, it is essential to give a bird's eye view of the events leading to the action that was filed at Enugu Registry of the old Anambra State High Court over 13 years ago, for an insight into the hustle and bustle at the trial Court that translated into a spiral of appeals on the same issue which is fostered by the technical leeway that became the delight of the Respondents and their Counsel who in relays are exploiting i…

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