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WESTERN STEEL WORKS LTD. & ANOR. V. IRON & STEEL WORKERS UNION OF NIGERIA & ANOR

(1987) JELR 42359 (SC)

Supreme Court  •  SC.225/1985  •  6 Feb 1987  •  Nigeria

Coram
ANTHONY NNAEMEZIE ANIAGOLU JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

KARIBI-WHYTE, J.S.C.: (Delivering the Leading Judgment): The only issues argued in this action before Oladipo Williams, J. of the Lagos State High Court relate to the validity of the writ of summons and the jurisdiction of High Court of Lagos State with respect to the subject matter of the action. It seems to me clear from the grounds of appeal before this court that these are the same issues which the appellant is asking this Court to decide.

Before going into the issues, it is pertinent to observe that the subject matter of the action is still outstanding. The decision appealed against in this Court emanated from a ruling of the High Court on appeal to the Court of Appeal whether the writ of summons was competent. and/or whether the Court has jurisdiction to adjudicate on the matter.

I think it is necessary for a clear understanding of the issues to state even in outline the history of the litigation now before this Court. The appeal before us is against the judgment of the Court o…

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