Economic & Financial Crimes Commission V. Zahara Shopping Mall Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the leading Judgment)

This is an Appeal against the Ruling of the Federal High Court Lagos judicial division in suit No. FHC/L/CS/1018/2014 delivered on 5th June, 2015 by Hon. Justice M. A. Kurya wherein the lower Court dismissed the Appellant’s Notice of Preliminary Objection challenging the jurisdiction of the lower Court to entertain the Respondent’s originating summons.

After dismissing the Appellant’s Notice of Preliminary Objection, the lower Court proceeded to deliver its judgment on the Respondent’s originating summons, and granted all the reliefs sought by the Respondent.

Dissatisfied with the decision of the lower Court the Appellant filed a Notice of Appeal dated 19th June, 2015 and filed same date. It is at pages 192-196 of the Record of appeal and it contained three grounds and from them the Appellant formulated the following issues for determination viz:-

1. Whether the learned Trial Judge was right in assuming jurisdiction to entertain the application seeking to discharge the order of interim forfeiture granted to the Economic and Financial Crimes Commission over the property in question

1

while charge No: FHC/L/465C/07 before the Federal High Court, Lagos Judicial Division was still pending.

2. Whether the Learned Trial Judge was right in ruling on and granting an application which was neither moved nor argued by parties and whether same does not amount to denial of the right to fair hearing.
3. Whether the Learned Trial Court was right in raising the issue of discharging the interim order of forfeiture by virtue of the Federal High court Civil procedure Rules 2009.”

The Respondent on its part distilled the following issues for determination:-

“ISSUE NO 1

1. Whether the lower Court was right to have struck out the Appellant’s notice of Preliminary Objection challenging the jurisdiction of the Court to hear and determine the originating application having regards to the grounds on which the objection was brought:-

Grounds 1 and 2 of the Notice of Appeal.

ISSUE NO: 2

2. Whether the lower Court violated the Appellant’s right to fair hearing when it determined the substantive Originating application based on the Affidavit evidence and written addresses of parties before it”

?Adverting my mind to

2

the issues formulated by the parties. I am inclined to determine the Appeal based on issues 1 & 2 distilled by the Appellant

as the issues are in my view more encompassing and goes to the crux of the grounds of Appeal filed.