- Farinre vs. Alaka-Coker
- ₦ 200
Farinre vs. Alaka-Coker
DR. TIMOTHY FARINRE
MR. KOLAPO ALAKA-COKER
COURT OF APPEAL
( LAGOS DIVISION )
GEORGE A. OGUNTADE, JCA ( Presided and Read the Lead Judgment )
SULEIMAN GALADIMA, JCA
MUSA DATTIJO MUHAMMAD, JCA
2ND DECEMBER, 2002
ACTION - Cause of action - How to determine when a cause of action
accrued and jurisdiction of court thereon
COMPANY LAW AND PRACTICE - Agreement to purchase shares for and on behalfof one party from a
third-party company - Whether to be construed as a matter arising from
the operation of the Companies and Allied Matters Act or any other enactment
regulating the operation of companies
COURT - Jurisdiction of - Whether depends on existing law at the time
the cause of action arose or at the time the jurisdiction of court is invoked
COURT - Mistake made by a court - Whether it is every mistake that will
lead to reversal of the conclusion arrived at
JURISDICTION - Court - Jurisdiction of - Whether depends on existing
law at the time the cause of action arose or at the time the jurisdiction of
court is invoked
Whether the provisions of section 251(1)(e) of the
1999 Constitution was applicable to determine the jurisdiction of the
Federal High Court to entertain the appellantâ€™s claim in the suit.
Whether the appellant joined A.G. Leventis Plc as the
3rd defendant in the suit herein.
Whether the appellant was an existing shareholder of
A.G. Leventis Plc as at December 1994?
Whether the Federal High Court lacked jurisdiction to
entertain the appellantâ€™s claim in this suit.
The appellant as plaintiff claimed
Specific performance of the agreement between the 1st
and 2 nd defendants made in December, 1994 for the purchase of 309,597 ordinary shares of A.G. Leventis Plc on the
The sum of N122,290.81 (one hundred and twenty-two
thousand, two hundred and ninety naira eighty one kobo) being loss of dividends
payable by A.G. Leventis Plc. on the said shares from December, 1994 to date
which loss is still containing.
exchange of pleadings, the defendants/respondents filed an application that the
suit be struck out on the ground that the Federal High Court lacked the
jurisdiction to entertain it. The trial court heard the application, and gave a
ruling that the court lacked jurisdiction to entertain the matter, and
consequently made an order transferring the case to the Lagos High Court.
Dissatisfied, the appellant filed