Alh. Muhammed Aliyu Shaba Ndalile & Ors V. His Royal Highness Etsu Nupe & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Justice, Niger State sitting in New Bussa in Suit Number: NSHC/MN/144/2001. ALHAJI SULEIMAN NDALILE MOKWA & 8 OTHERS VS. HRH. ALHAJI ABUBAKAR. ETSU NUPE & 4 OTHERS, delivered on 3rd May, 2005.

Briefly, the facts of the case are that the Appellants at the lower Court claimed against the Defendants jointly and severally for a Declaration challenging the nomination and appointment of the 2nd Respondent as the District Head of Mokwa Town in Mokwa Local Government Area of Niger State by the 1st and 3rd Respondents respectively.

After the exchange of pleadings, the Respondents, pursuant to Order 23 Rule 2 of the High Court (Civil Procedure) Rules of Niger State, applied to the Court that the points of law raised in the pleadings be set down for hearing.

In his Ruling, the learned trial Judge held that all persons named in this suit are interested parties and therefore have locus standi to institute the action. Hearing was adjourned till 16/6/2005.

Dissatisfied with the Ruling, the Appellants now appealed to this Court.

The learned Counsel for the Appellants formulated three issues for determination set out as follows:-

(1) Was the learned trial Judge right in Law when he delivered his Ruling eleven (11) months after the final addresses by Counsel.

(2) Was the trial Court right when, at an interlocutory stage, it delved into the main case, and raised an issue suo motu.

(3) Whether the Ruling of the trial Court was not vitiated, having been based on evidence or issues not available or canvassed before it.

The learned Counsel for the 1st and 2nd Respondents formulated two issues for determination set out as follows:-

(1) Whether the Ruling of the learned trial Court can be vitiated merely because it was delivered more than 90 days after Counsels addresses on the issues raised.

(2) Whether the combined effect of Order 23 rules 2 and 3 and Order 34 of the High Court (Civil Procedure) Rules of Niger State, the lower Court cannot try and determine questions, issues and points of law raised and settled from the pleadings.

The learned Counsel for the 3rd, 4th and 5th Respondents formulated three issues for determination set out as follows:-