- Petkev (Nig.) Ltd v. Ogbogu
- ₦ 200
Petkev (Nig.) Ltd v. Ogbogu
PETKEV NIGERIA LIMITED
MR. PETER JAMES OBINWANNE
ELDER OBUMANYI OGBOGU
FEDERAL HOUSING AUTHORITY
COURT OF APPEAL
( LAGOS DIVISION )
C. EUGENIA IYIZOBA JCA ( Presided and Read the Lead Judgment )
YARGATA BYENCHIT NIMPAR JCA
ABIMBOLA O. OBASEKI-ADEJUMO JCA
FRIDAY, 4 MARCH 2016
ESTOPPEL - Estoppel per rem judicata - Doctrine of - Basis of
JURISDICTION - What amounts to
STATUTE - Federal High Court (Civil Procedure) Rules, 2009, Orders 13 and 16 - Demurrer - Abolishment of - Need for compliance with
WORDS AND PHRASES - ‘Demurrer’ - ‘Jurisdiction’ - Distinction between
- Whether in the circumstances of this case, the trial judge was right to hold that the 2nd and 3rd defendants’ notice of preliminary objection was a demurrer and refused to decide the issue of jurisdiction raised before the court.
- Whether under section 241 of the Constitution of the Federal Republic of Nigeria, 1999, a decision of the Honourable Justice Sharkarho of the Federal High Court in suit No. FHC/L/CS/218/2007 can be subjected to another Federal High Court for a review or for any declaration whatsoever.
The 2nd respondent herein as plaintiff at the Federal High Court, Lagos (lower court), claimed against the appellants as the defendants, by filing the required processes before the court. The defendants entered a memorandum of appearance and then filed a preliminary objection, challenging the jurisdiction of the court to hear the case. The court struck out the objection, holding that what was raised is a demurrer which had been abolished, and that it should have been raised in the pleadings. Dissatisfied with the ruling, the appellants appealed to the Court of Appeal contending that the trial court erred to have held that the notice of preliminary objection was a demurrer and thereby dismissed the claim on jurisdiction raised before the court.