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  • 2003-04-28
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Mamman vs. Adebayo

1.      AMBASSADOR YUSUF MAMMAN

2.      CHIEF SOLOMON ASEMOTA (SAN)

3.      CHIEF AYO ADEBANJO

4.      MR. MAXI OKWU

V

1.      HIS EXCELLENCY OTUNBA ADENIYI

ADEBAYO (Governor of Ekiti State)

2.      ALHAJI KAYODE ADEKOJO

3.      Dr. NZE MARK ODU

4.      ALHAJI GABAWA DOGONDAJI

5.      CHIEF AUSTIN OMOLAIYE

6.      ALHAJI GARBA ALIYU

7.      HONOURABLE WUNMI BEWAJI

8.      ALHAJI AHMED RINGIN

9.      MR. ABEL JOHN TAIWO

10.  COMRADE JOHN ANAZAR

11.  MR. BENSON ATANGA

12.  ALHAJI MUKTAR ATADAFA

13.  HONOURABLE M. A. AJIBOLA

14.  MR. PRINCEWILL C. OHAJU

15.  MR. AUSTINE IGBOKE

16.  SENATOR BAYO SALAMI

17.  ALLIANCE FOR DEMOCRACY (AD)

18.  INDEPENDENT NATIONAL ELECTORAL COMMISSION

COURT OF APPEAL

( ABUJA DIVISION )

DAHIRU MUSDAPHER, JCA ( Presided )

ZAINAB A. BULKACHUWA, JCA (Read the Lead Judgment)

ALBERT G. ODUYEMI, JCA

CA/A/60/2001

MONDAY, 28TH OCTOBER, 2002

APPEAL - Appellate court - Duty on in relation to matters before it Need for to refrain from dealing with issues not properly placed before it

APPEAL - Issues for determination - Need for to be related and confined to decision appeal against - Effect of failure to so do

APPEAL - Nature of - Right of appeal - Extent of limitation on the exercise of

APPEAL - What amounts to - Nature of - When a fresh point may be taken on appeal

COURT - Court of Appeal - Jurisdiction of - Whether limited to issues properly placed before it

COURT - Federal High Court (Civil Procedure) Rules, Order 25 Application of vis-a-vis demurrer application

JURISDICTION - Issue of jurisdiction - Need for to be raised at the earliest opportunity

JURISDICTION - Jurisdiction of court - Importance of - Effect where court lacks jurisdiction

PRACTICE AND PROCEDURE - Demurrer - Meaning of - Application made in lieu of demurrer

PRACTICE AND PROCEDURE - Federal High Court (Civil Procedure)

Rules, Order 25 - Application of vis-a-vis demurrer application

PRACTICE AND PROCEDURE - Right of appeal - Exercise of - Whether right absolute

WORDS AND PHRASES - ‘Appeal’ - Meaning of WORDS AND PHRASES - ‘Demurrer’ - Meaning of

Issues:

1.            Whether the learned trial Judge was entitled to make an order for judgment on the plaintiffs/respondents claims in the course of a ruling on the defendants/appellants application to set certain issues down for determination when no application for judgment was before him.

2.            Whether the learned trial Judge had jurisdiction to entertain the plaintiffs/respondents’ action.

Facts:

The plaintiffs initiated an action against the appellants as defendants vide their writ of summons filed at the Federal High Court, Abuja seeking an order restraining the defendants, their servants, agents and privies from conducting  their party’s congress from ward to the National Convention and also that the defendants be prevented from obstructing the plaintiffs in the execution of their functions as members of the National Convention Committee of their party, the Alliance for Democracy.

After the completion of pleadings, the defendants filed a motion on notice wherein they prayed the court to set down the points of law raised in their statement of defence for determination. The application was contested by the plaintiffs.

In its ruling, the trial court dismissed the defendants’ motion “for want of merit and grant the plaintiffs’ claims as per their statement of claim which is voluntarily admitted by the defendants.”

The defendants now appellants aggrieved with the decision of the trial court, appealed to the Court of Appeal.