Comrade Oyinlola Adesoji & Ors V. Federal University Of Technology & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Hon. Justice G. C. Okeke of the Federal High Court, Akure delivered on the 2nd day of March, 2011.

On the 4th June 2009, an action was commenced by the Plaintiffs, now Appellants vide a writ of summons in the suit FHC/AK/CS/35/2009, the Defendants, now Respondents, in response, filed an application seeking a dismissal of the case of the plaintiffs/Appellants in limine.

The grounds for the dismissal were on the premise that the Federal High Court lacked jurisdiction in the matter as the case had been litigated upon before.

The lower Court delivered its Ruling on 22/3/2011, striking out the entire suit for being an abuse of Court process and having been robbed of jurisdiction.

The Plaintiffs being dissatisfied with the said judgment of the trial Court filed a Notice of Appeal challenging the whole Ruling as contained on pages 88 – 90 of the record of proceedings.

The parties filed and exchanged their respective briefs in this appeal.

The plaintiffs/Appellants’ counsel in his Brief of Argument dated 22/07/2011

1

and filed 24/8/11 formulated two (2) Issues for determination reproduced as follows:

(1) whether the issue of Estoppel per rem judicata can be decided through motion without being pleaded vide statement of Defence.

(2) Whether my respected learned Judge of the lower Court could raise the issue of abuse of Court process suo muto without allowing parties to address on it.

On the part of the Respondents??? counsel, a lone issue was submitted for determination in their Respondents’ Brief of Argument dated and filed 26/03/2015. The lone issue reads thus:

(1) Whether the learned Judge of the trial Federal High Court was right or not in holding as His Lordship did, that the action brought by Appellants as Plaintiffs constitute an abuse of the process of Court; the issue(s) raised therein having been determined once by the Court.