UMEH & ORS. V. EZECHI & ORS

• Pages: 11-13

UMEH & ORS. V. EZECHI & ORS.

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The assessment for 1958 - 1959 made on the 11th November, 1958, and

that for 1959 - 1960 made on the 3rd October, 1959, were made without

jurisdiction, and being

ultra vires,

null and void, are set aside;

the suit

is

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dismissed with costs to the defendants.

I agree that this appeal should be dismissed, with an order as proposed by the

learned presiding Judge of this Court.

TAYLOR, F.J.:

I concur.

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Appeal dismissed.

UMEH & ORS. V. EZECHI & ORS.

15

AZUBUIKE UMEH AND OTHERS

V

20 ALFRED EZECHI AND OTHERS

FEDERAL SUPREME COURT

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

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BAIRAMIAN,

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F.J.

5th January, 1962.

APPLICANTS

RESPONDENTS

SUIT NO. FSC 370/1960

Constitutional Law - Section 114(1)(a) 1960 Constitution of the Federation - Appeal

to Privy Council.

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Practice and Procedure - Appeal - Application seeking leave to appeal to the

Privy Council - Whether Decision of Federal Supreme Court entering a non-suit

in substitution for a Dismissal is a Final Decision - Appeal as of right -

Federal Supreme Court Act, 1960 (No.12 of 1960), section 22 - Eastern Region

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High Court Rules, 1955 0.XLV711, r.1 - Nigeria (Appeals to Privy Council)

Order in Council, 1955 - application for leave to appeal to Her Majesty in

Council.

Interpretation - "Final decision" - meaning of.

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ISSUE:

1. Whether an order of non-suit is a final decision for which an appeal lies as of

right under section 114(1)(a) of the Constitution of the Federation, 1960.

FACTS:

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The defendants/applicants brought this application for leave to appeal to the

Privy Council from a decision of the Federal Supreme Court which substituted an

order of Non-suit for the order of the High Court Eastern Nigeria dismissing the

claim.

Counsel for the plaintiff/respondents opposed the application on the grounds

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that the decision of the Federal Supreme Court was an interlocutory and not a final

order as no such appeal lay as of right under section 114(1)(a) of the Constitution

of the Federation, 1960.