Dr. Carol Nwosu V. Dr. A.A. Eigbe Forh (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Federal Capital Territory in Suit No. FCT/HC/CV/80/2010 delivered on the 13th day of June, 2012.

The facts of the case are that the respondent herein who was the defendant at the trial Court instituted an action against the appellant herein by Writ of Summons and statement of claim dated the 28th day of October, 2010 and filed 29th October, 2010.

In the cause of proceedings the defendant (appellant herein) filed a motion dated 25th May, 2012 for the dismissal of the suit for want of jurisdiction. The trial Court after taking the motion reserved the Ruling on the said motion to be delivered in the final judgment, while adjourning the case for continuation of defence.

This Ruling of the trial Court gave rise to this appeal

The Notice of Appeal dated the 26th day of June, 2012 has one ground of Appeal shorn its particulars and the relief sought

The sole ground reads:

?”The learned trial Judge erred in law when he adjourned the ruling on the appellant”s application to dismiss the respondent’s suit for being academic

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till judgment which is an uncertain period.”

The Notice of Appeal is at pages 254-256 of the Record of Appeal. The appellant’s brief settled by John Ainetor, Esq was dated and filed on 10th October, 2013 but deemed properly filed on 24th February, 2014.

The appellant’s reply brief was dated and filed on 28/09/2011.

The appellant distilled two issue for determination as follows:

”1. Whether the learned trial judge was right to have adjourned to an uncertain period a ruling on an application to dismiss a suit, with regards to its jurisdiction ” (Ground 1 )