Hon. Sumbo Olugbemi V. Hon. Olujide Adewale Lawrence & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment)

The appeal is against the Ruling of the Federal High Court in Suit No. FHC/IB/CS/101/14 delivered on the 9th of December 2015 where the Court dismissed the application of the Appellant challenging the jurisdiction of the trial Court to entertain the claimant/1st Respondent?s claim.

Briefly, the 1st Respondent filed an action in the Federal High Court against the Appellant, 2nd, 3rd and 4th Respondents on the 24th of December 2014. The Appellant filed his defence and also filed an application on the 12th of November 2015 challenging the jurisdiction of the trial Court to entertain the reliefs of the 1st Respondent on the ground that the main reliefs are not against Federal Government agent and that the action should have been filed and prosecuted in the High Court of the State.

The 1st Respondent filed a counter-affidavit to the Appellant?s motion. Arguments were taken by the trial Court and the trial Court delivered its ruling on the 9th of December 2015 where it dismissed the Appellant?s application.

The Appellant being dissatisfied with the Ruling of the trial Court

1

filed a notice of appeal against the Ruling on the 23rd of December 2015 containing one ground of appeal. Appellant filed amended notice of appeal on the 1st of April 2016. It was deemed properly filed and served on the 14th of April 2016.

Consequent upon the entering of the appeal on the 27th of January 2016, the parties proceeded to file their respective briefs of argument thereof. Appellant?s brief of argument was filed on the 1st of April 2016. It was deemed properly filed and served on the 14th of April 2016. Appellant?s reply brief to the 1st Respondent?s brief of argument was filed on 10/6/16. It was deemed properly filed and served on the 16th of June 2016.

1st Respondent?s brief of argument was filed on the 18th of April 2016. 1st Respondent by an application filed the 24th of May 2016 sought the order of the Court for the appeal to be heard on the Appellant and the 1st Respondent?s brief alone, the 2nd-4th Respondents having failed to file their respective briefs of argument within the time stipulated by the rules of this Court and the application was granted.

?At the hearing of the appeal, Counsel for the

2

Appellant and the 1st Respondent adopted and relied on their respective briefs as their arguments in this appeal. Appellant distilled two issues for determination thus:

(i) Whether in view of the substantive reliefs of the Plaintiff in the Writ of Summons which are not against a Federal Agency, the Federal High Court lacks jurisdiction to entertain the claim of the 1st Respondent ? (Ground 1 of the Notice of Appeal)

(ii) Whether the learned trial Judge erred in law when it refused to strike out the Plaintiff?s claim and follow the decision in Kakhi v. P.D.P. ? covers Ground 2 and 3 of the Amended Notice of Appeal.