Suit in wrong name

On limit to powers of the Supreme Court under section 22 of the Supreme Court Act

Ugba v. Suswam [2013] 4 NWLR (Pt. 1345) 427at 477, paras. B-D, per Rhodes-Vivour, JSC:

“Section 22 of the Supreme Court Act confers wide powers on this court to rehear a matter as if it was the trial court, but where the trial court no longer has jurisdiction to hear a matter this court cannot hide under the provisions of section 22 (supra). The wide powers conferred by section 22 of the Supreme Court Act is to enable this court assume jurisdiction and do what the court below ought to have done but did not do. Where the court below did not do what it supposed to do because it had to do it within a time provided by the Constitution, section 22 of the Supreme Court Act would be inapplicable.”
 

 

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