JURISDICTION - WHETHER THERE ARE STATUTORY PROVISIONS CONFERRING JURISDICTION ON A TRIAL COURT TO SIT ON APPEAL OVER ITS JUDGEMENT ENTERED ON THE MERIT
"I am in total agreement with the submission of learned senior counsel for the appellant that these statutes which I mentioned a while ago do not confer jurisdiction on the trial court to sit on appeal over its judgement entered on the merits since a judgement entered in favour of the Plaintiff on the undefended list is a judgement on the merit and can be overturned only on appeal. See: First Bank (Nig.) Ltd v. Khaladu (1993) 9 NWLR (Pt. 315) 44 at 56".
PER K.B. AKAAHS, J.S.C IN THE CASE OF
AKAHALL & SONS LIMITED V NIGERIAN DEPOSIT INSURANCE CORPORATION (RECEIVER/LIQUIDATOR OF ALLIED BANK OF NIGERIA PLC) LER(2017): SC. 302/2006
Views All Time