Monday 23 July 2018

NNEWI: WHEN A COURT HAS NO JURISDICTION, THE LAWSUIT IS DECREPIT!


In ADEGBOLA vs- OSIYI (2018) 4 NWLR (Pt. 1608) page 1 @ 10 para D-F the Supreme Court held that JURISDICTION is the very basis upon which any court tries a case. It is the lifeline of all trials, as a trial without jurisdiction is a nullity. See also N.D.I.C vs- C.B.N (2002) 7 NWLR (Pt. 766) 272;   PETROJESSICA ENTERPRISES LTD vs- LEVENTIS TECHNICAL COMPANY LIMITED (1992) 5 NWLR (Pt. 244) 675

Those forum shopping in Nnewi, Anambra State High Court without jurisdiction to hear and determine  the issues of disqualification by EC NBA of a presidential hopeful when the NBA secretariat/EC NBA in Abuja note that should NBA not respond to your process, it is decrepit, your  said court process not being a libel suit, stays creaky. When you decide to appear in the appropriate court, you would be met with the  principle, ex-turpi causa non oritur actio.

Look,  the anti-corruption libel suit filed by Etiaba in Port Harcourt against Minister Lai Mohammed for publishing his client(s) names as corrupt people when there was no order of court certifying him or them as  such, the un-reported (celebrated) case of FHC/L/CS/1296/2012   Counterclaimant BABALAKIN vs- AMCON judgment delivered on 13th June 2018, rests it. The Federal High Court per coriam Buba J., at page 59 of his judgment awarded the sum of N3Billion as counter-claimed by Resort Intl Ltd and Dr Wale Babalakin against AMCON for publishing his/their names as chronic debtor(s) when there was no order of court adjudging him/them as such or authorizing the publication. I actually obtained CTC from the Federal High Court Lagos.  And I have relied on the locus celebra in a N2Billion claim at the Federal High Court.  
Best
CA

No comments:

Post a Comment