SUPREME COURT & COURT OF APPEAL DECISIONS (13665)
Children categories
HELD:
"The term jurisdiction literally denotes the power or authority of a Court of law or tribunal to entertain and determine a dispute between parties.
HELD:
"Indeed, the law is trite, that an application by way of preliminary objection for the striking out of an appeal in limine may be on points of law, and when there are no facts in dispute to determine such objection.
HELD:
"In the instant case, it is not controversial at all that leave was sought and granted on 07/3/2018, thereby enabling the Appellant to apply to appeal against the judgment of the Court below.
HELD:
"In determining the appeal, this Court painstakingly reiterated the trite principles that in simple language, it may be said that once the Court below transmits the Record of Appeal to the Court that would hear the appeal and the said appellate Court in fact receives the same, the appeal is said to be duly entered.
HELD:
"It is equally trite, that once the record of appeal is transmitted thereby signifying the entering of the appeal in the apex Court, the Court below automatically becomes functus officio, thus devoid of the fundamental jurisdictional competence to hear and determine any application or question pertaining to the appeal in-question.
HELD:
"The mode of raising a preliminary objection has been firmly settled. It may be incorporated and argued in the Respondent's brief by a formal separate notice or written objection or both.