James D. Dung V. Diamond Bank PLC In The Court Of Appeal Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Section 294(2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that:

?(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other justice who delivers a written opinion.

Provided that it shall not be necessary for all the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may pronounced or read by any other Justice whether or not he was at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decision under this Section, the Supreme Court; or the Court of Appeal shall be deemed to be duly constituted if at least one member of that Court sit for that purpose.?

Section 318(1) of the Constitution (supra) defines a ?decision? to mean, ?in relation to a Court, or any determination of that Court and

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includes judgment, Decree, order, conviction, sentence or recommendation.? A ?ruling? is omitted from the definition of ?decision?. I have decided to tag this determination ?Decision? as provided under these Constitutional provisions, bearing in mind the Supremacy of the Constitution (supra) under Section 1(1) and (3) of the 1999 amended Federal Constitution.

James D. Dung commenced proceedings before the High Court of Justice of Plateau State holden at Jos on 9th July, 2008 by way of an exparte application praying for the following remedies against Diamond Bank Plc to wit:

?1. AN ORDER OF HONOURABLE COURT issuing the plaintiff/applicant?s Writ of Summons and all other processes in this suit for service outside jurisdiction.

2. AN ORDER OF HONOURABLE COURT granting the plaintiff/applicant leave to serve the Writ of Summons and all other processes in this suit out of Plateau State and in Lagos State outside the jurisdiction of the Honourable Court.
3. AN ORDER OF HONOURABLE COURT appointing Messrs. NIPOSR EMS Courier as Special Bailiffs for the purpose of service of the Writ of Summons

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and all other processes in this suit on the defendant/respondent.

4. AN ORDER OF HONOURABLE COURT placing the plaintiff/applicant?s suit on the Undefended List and accordingly marking the Writ of Summons.
5. AND FOR SUCH FURTHER OR OTHER ORDERS as the Honourable Court may deem fit to make in the circumstance.?

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