ADESINA OKE & ANOR V. SHITTU ATOLOYE & ORS.

D. O. COKER, J.S.C. (Delivering the Leading Judgment): On the 6th day of May, 1985, the preliminary point impugning the jurisdiction of the (Federal) Court of Appeal to hear and determine the appeal against the decision of the former Western State Court of Appeal, delivered on the 20th day of July, 1983, was dismissed and indicated then that I will give my reasons today.

On the 26th day of February, 1973, Ayoola J., in the then High Court of Western State, dismissed the Plaintiffs' claims, and they appealed in accordance with the applicable Constitutional provisions at the time to the Court of Appeal of the former Western State of Nigeria. On the 17th day of July, 1975, the appeal was allowed and judgment entered in their favour. The defendants then appealed to the Supreme Court, by leave granted on the 12th September, 1975, by the aforesaid Western State Court of Appeal. The records of appeal had not been transmitted to the Supreme Court when the Constitutional channel of Appeal to t…