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PORTS AND CARGO HANDLINGS SERVICES COMPANY LIMITED & ORS. V. MIGFO NIGERIA LIMITED & ANOR

(2012) JELR 34766 (SC)

Supreme Court  •  SC.42/2009  •  8 Jun 2012  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Chief Wole Olanipekun, SAN with him Chief G. A. Adetola Kazeem, SAN, Kunle Ogunba SAN, E. C. Nwanedo Esq., Olugbenga Adeyemi, Esq. Ayo Adesami, Esq. Ahmed Adetola Kazeem Esq. Christian K. Udeoyibo Esq. Aisha Ali (Miss), Abdulmajid Oniyangi Esq., Samuel Abbah Esq. and Chidi Ibe Esq. For Appellant M. I. Igeokwe SAN., with him, C. Okwuonyi Esq. S. Adio Esq. and N. Nwatarali Esq. For Respondent

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division delivered on 17th December, 2008. By the Judgment, the Court below affirmed the decision of the Federal High Court wherein all the questions in the Plaintiffs'(now the Respondents) Originating Summons were resolved against the Defendants (now Appellants). Dissatisfied the Appellants further appealed to this Court vide their Notice of Appeal filed on 13th December 2008, which was amended containing 23 Grounds of Appeal out of which the following 6 issues were distilled:

(i) Considering the clear provisions of Section 251(1)(g) of the 1999 Constitution on which the trial High court relied upon to assume jurisdiction in this matter, coupled with the claims submitted to the said trial High Court by the Plaintiffs, as well as binding decisions of both this court and the lower court on the Federal High court jurisdiction in similar circumstances, whether …

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