H.R.H. Oba E.A. Saiki & Ors V. Esheveshe Nig. Ltd. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Ruling of Hon. Justice A. Edodo-Eruaga, sitting at the High Court of Edo State, at Igarra Judicial Division delivered on 8th day of February, 2006 in which the Appellants were the Defendants. The Notice of Appeal filed by the Appellants to initiate this action is dated the 21st of February, 2006 and contains two (2) Grounds of Appeal.

The background facts in this action are as follows:

1.1. By a statement of claim dated 26th dry of September, 2005 the Plaintiff in Suit Number HIG/7/2005 claimed two reliefs against the Defendants, namely Trespass and injunction in respect of a piece or parcel of land meant for quarry, lying, situate and being at Sasaro Village in Edo State.

1.2. The Defendants filed a preliminary objection challenging the jurisdiction of the High Court of Justice Igarra to entertain the suit based on section 251 (n) of the 1999 constitution of the Federal Republic of Nigeria.

1.3. The trial Court after receiving argument from both parties struck out the claim for want of jurisdiction on 25/10/2005.

1.4. Aggrieved by the ruling the Plaintiff filed a Notice of Appeal against the said ruling dated the 31st day of October, 2005.

1.5. Before the parties were invited to settle records, the Plaintiff filed a notice to withdraw the Appeal on the 15th day of November, 2005.

1.6. After withdrawing the appeal, the Plaintiff commenced another suit against the Defendants, this time claiming three reliefs, namely; Declaration of title, trespass and injunction in respect of the piece of parcel of land.

1.7. The Defendants/Appellants herein filed a Motion on Notice asking the court to dismiss the claim as an abuse of court process. The Trial Court after receiving argument from both parties struck out the application as lacking in merit, upon which they appealed to this Honourable Court.

The Appellants brief of argument, settled by Chief S.S. Obaro, dated the 19th of January 2007, filed on the 21st of February 2007, but deemed as properly filed on the 8th of May, 2012. The Respondents brief of argument was settled by D.A. Alegbe Esq., dated the 39th of May 2012, filed on the 25th of September, 2012, but deemed as properly filed on the 27th of September, 2012.

From the two (2) Grounds of Appeal contained in the Notice of Appeal, the Appellants have formulated the following two (2) issues for determination as follows:

(1) Whether or not the learned trial Judge was right in holding that the institution of this suit (i.e. HIG/15/2005) did not constitute an abuse of court process?

(2) Whether or not the learned trial Judge was right in assuming jurisdiction in this suit notwithstanding that she had declined jurisdiction in Suit No. NIG/7/2005, a suit between the same parties in respect of the same subject matter and same issues?