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PROFESSOR ADEREMI DADA OLUTOLA V. UNIVERSITY OF ILORIN

(2004) JELR 45030 (SC)

Supreme Court  •  SC.211/1999  •  17 Dec 2004  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): Appellant commenced this action against the respondent. In view of the issues raised in the appeal, it is considered necessary to state in this judgment the nature of the action that was commenced against the respondent filed, on the 13th day of January, 1993 in the Kwara State High Court. Suffice it to say that during the pendency of the trial, the Decree No. 107 of 1993 was promulgated to take effect from 17th November, 1993. Despite the enactment of this Decree, which affected the jurisdiction of State High Courts to hear and determine actions filed against agencies and parastatals of the Federal Government, the trial of the matter before the Kwara State High Court continued unabated until judgment was delivered by the trial Judge on the 8th of May, 1996. Now it is manifest from the printed record that none of the parties, and also the trial court adverted to the changes brought about by Decree No. 107 with regard to the jurisdict…

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