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  • 2002-11-25
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Fada v. Naomi

DAN ZARIA FADA

DANJUMA ZARIA

V

MAMMAN NAOMI

MUSA MAIGEMU

ABDULLAHI MOHAMMED SANI

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided and Read Lead Judgment )

MAHMUD MOHAMMED, JCA

JOSEPH JEREMIAH UMOREN, JCA

CA/K/73/99

TUESDAY, 27TH NOVEMBER, 2001

ACTION - Competence of action - Effect of failure to pay appropriate filing fees on - Whether payment of filing fees is mandatory or discretionary

COURT - Filing fees - Effect of failure to pay appropriate filing fees on jurisdiction of court - Whether mandatory or discretionary - Court of Appeal decisions on payment of filing fees reviewed

COURT - Functus officio - Whether court becomes functus officio every time a judgment or order is made - Exceptions

JUDGMENT AND ORDERS - Consequences of declaring a judgment null and void - Effect of nullification of judgment on execution already levied

JUDGMENT AND ORDERS - Court - Functus officio - Whether it is every time a court delivers judgment or ruling that it becomes functus officio - Exceptions

JUDGMENT AND ORDERS - Execution of judgment - Where judgment already executed is subsequently nullified - Effect

JUDGMENT AND ORDERS - Nullification and setting aside - Whether means the same thing

JUDICIAL PRECEDENT - Filing fees - Court of Appeal decisions in Eke vs. Eluwa (2000) 14 NWLR (Pt. 688) and ACB Ltd. vs. Henshaw

(1990) 1  NWLR (Pt. 129) 646 on payment of filing fees reviewed

JURISDICTION - Filing fees - Effect of failure to pay appropriate filing fees on jurisdiction of court - Whether mandatory or discretionary Court of Appeal decisions on payment of filing fees reviewed MAXIM - Ex nihilo nihil fit - Meaning and application

PRACTICE AND PROCEDURE - Filing fees - Whether payment of is mandatory or discretionary - Effect of failure to pay appropriate filing fees on the competence of action - Effect of same on jurisdiction of court

PRACTICE AND PROCEDURE - Judgment and orders - Nullification and setting aside of - Meaning of - Consequence of declaring a judgment null and void - Effect of nullification of judgment on execution already levied

WORDS AND PHRASES - Nullification and setting aside judgment or order

-  Meaning of

Issue:

Whether the plaintiffs/respondents’ failure to pay appropriate filing fees for each and every  item of their claims affected the competence of the action.

Facts:

The plaintiffs/respondents filed a writ of summons in which they sought certain declaratory reliefs against the defendants/appellants. When they subsequently filed their statement of claim, they jettisoned the declaratory reliefs for a claim of special and general damages. Appropriate filing fees for the statement of claim in respect of the special and general damages were not paid. The trial Judge entered judgment in favour of the plaintiffs. The issue of appropriate filing fees was raised by the defendants in their application to set aside the judgment on grounds of want of jurisdiction. But their application was refused. Dissatisfied, they filed this appeal.