LT. COL. ABDULLAHI DAN ASABE AND SHEHU SAGAGI – Vs – ALHAJI IBRAHIM BABALE

LT. COL. ABDULLAHI DAN ASABE AND SHEHU SAGAGI – Vs – ALHAJI IBRAHIM BABALE

September 2025

Subject Matters

  • Jurisdiction: Fundamental nature thereof – whether will be treated and resolved before other issues

    Jurisdiction: Fundamental nature thereof – how raised – whether can be raised for the first time on appeal without leave of court.

    Jurisdiction: Signing of an originating process by a law firm – where a law firm signs an originating process – whether the trial court lacks jurisdiction because such a process is incompetent

    Legal Practitioners: Signing of an originating process – where a law firm signs an originating process – whether such a process is invalid – the principle in Emmanuel Okafor vs. Augustine Nweke (2007) 3 SC (Pt. 11) 55

    Legal Practitioners: Signing of an originating process – where a law firm signs a writ of summons – whether such a process is incompetent – sec..2(1) of Legal Practitioners Act considered

    Legislation: Rules of Court – whether cannot take precedence before the clear provisions of Legal Practitioners Act – the principle in SLB Consortium Limited vs. Nigeria National Petroleum Corporation (supra)

    Legal Practitioners: Signing of originating process – where an originating process is signed by a non juristic person – whether court lacks jurisdiction – the principle in Gabriel Madukolu & Ors. Vs. Johnson Nkemdilim (1962) NSCC 374 at 379-380

     

    Issues:

            1.  Whether the lower court rightly affirm(sic) the award of title to the land in dispute to the Respondent in the circumstances of the pleading and evidence adduced? Grounds iii,iv,v,vi,vii,viii,ix,xiii and xiv

    2.   Whether the lower court was right in affirming the trial court position that the 4th defendant at the trial (Arch Emeka Maduka)’s(sic) rightfully sold the property in issue to the Respondent, notwithstanding that the consent to assign was not given to him but Hamareng Nig. Ltd.

    3.   Whether the lower court rightly struck out grounds 4, 5, & 6 of the Amended Notice of Appeal and refused to consider the trial court’s failure to allow amendment of the appellant (1st  & 2nd  defendant at trial court) statement of defence and counter-dairn? (Grounds i and ii

    4.   Whether the suit leading to this appeal is not fatally and incurably incompetent when the writ of summons originating the suit was signed by Ibrahim Babale & Co. Ground xvi & xvii”

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