Effect of an Appeal That Has Been Rendered Academic

CASE TITLE: IDAMINABO & ORS v. OLUNWA & ORS (2025) LPELR-81796(CA)

JUDGMENT DATE: 4TH AUGUST, 2025

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Jurisdiction of Court.

FACTS:

This is an interlocutory appeal against the interlocutory decision/ruling of the High Court of Rivers State, Nigeria, sitting in Port Harcourt, delivered on the 16th day of November, 2018 presided over by Hon. Justice A. U. Kingsley-Chuku.

By a Writ of Summons, Statement of Claim, Written Statement on oath of Witnesses, and frontloaded documents in support of Respondents’ case, dated and filed on 13th March, 2018, the Respondents (as Claimants) sought declaratory reliefs against the Appellants (as Defendants) at the trial Court.

​Upon being served with the Court processes aforesaid, the Respondents filed a Notice of Preliminary Objection dated 26th day of April, 2018 but filed on 2nd May, 2018.

The Respondents filed their Counter-Affidavit on 23rd May, 2018 to the Preliminary Objection wherein they joined issues with the Appellants and urged the Court below to dismiss the preliminary objection. The Respondents’ Counter affidavit and Written Address in opposition to the said Preliminary Objection.

The trial Court heard, determined and dismissed the Notice of Preliminary Objection. Dissatisfied, the appellant filed the instant appeal.

Respondents filed a notice of preliminary objection to the hearing and determination of the instant appeal in view of the fact that final judgment in the suit, wherein this appeal emanated, Suit No. PHC/734/2018, has been delivered by the trial Court on 8th June, 2020, wherein the Respondents’ claim was granted, and the Appellants’ Counter Claim dismissed, the instant interlocutory appeal which stems from the said substantive Suit No. PHC/734/2018 has been mooted and rendered academic and become spent and therefore the Court can no longer exercise the jurisdiction to entertain same.

ISSUE(S) FOR DETERMINATION:

The Court considered the merits of the Preliminary Objection.

DECISION/HELD:

In the final analysis, the Preliminary Objection was upheld and the appeal was dismissed.

RATIOS:         

• COURT- JURISDICTION: Nature and importance of jurisdiction; effect of a court hearing a matter without jurisdiction
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Purpose and effect of preliminary objection; whether a preliminary objection raised must be heard and determined before hearing the substantive matter
• PRACTICE AND PROCEDURE- ISSUE OF JURISDICTION: When an objection to the jurisdiction of Court can be raised
• PRACTICE AND PROCEDURE- ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE: Instance(s) in which an appeal/suit/relief(s) will be rendered academic; effect of same
• PRACTICE AND PROCEDURE- ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE: Duty of Court not to decide on or engage in academic/speculative questions or issues

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