Appeals (2099)
HELD:
"I must just go by the settled position of the law, that this Court cannot exercise jurisdiction once the trial Court or the lower Court is without jurisdiction.
HELD:
"Additionally, the Appellants have contended that the limitation law of Rivers State does not apply to the maintenance of action on intra-company affairs bordering on statutory duties of directors of a company as enshrined under the Companies and Allied Matters Act, 2004.
HELD:
"This Court, per Eso, JSC., in the case of Ogbechie & Ors Vs. Onochie & Ors (1986) 2 NWLR (Pt. 23) 484 adopted the explanation given by authors of the Law Quarterly Review, Vol. 100 of 1984 as to what constitute grounds of law, mixed law and facts or of facts when the author explained the guides as follows:
HELD:
"Section 233 (3) of the 1999 Constitution of the Federal Republic of Nigeria provides as follows:
HELD:
"...the 1st - 4th Respondents' counsel on the same date of the filing of the Notice of Withdrawal of Appeal, filed another Notice of Appeal, still within the stipulated time for appealing.
HELD:
"The rigorous contention of learned senior counsel for the Appellants is that once an Appellant decides not to prosecute the appeal any further and pursuant thereto files a Notice of Intention to withdraw, the Court is bound to terminate the appeal either by striking it out or dismissing it.
HELD:
"Now, in law where the Grounds of Appeal are founded purely on law, no leave of Court is required for any of the parties thereto to appeal against the judgment of the lower Court.