Transadvisory Legal Secures Landmark Victory at the Court of Appeal in CBN v. Balogun Samuel & 2 Ors.
We are delighted to announce that Transadvisory Legal has obtained a landmark judgment from the Court of Appeal in the matter of CBN v. Balogun Samuel & 2 Ors.
The Court upheld our submissions and ruled that the High Court of the Federal Capital Territory lacked jurisdiction to entertain the garnishee proceedings, as the enforcement action was statute-barred. The substantive judgment, delivered on 25th of May 2010 by Hon. Justice Folashade Ojo (now Justice of the Court of Appeal), became enforceable immediately upon delivery.
Relying on Section 11(2) of the Limitation Act, 2006 (FCT), which provides that no action shall be brought to enforce a judgment after the expiration of twelve years, the Court held that the Respondent’s attempt to enforce the judgment, initiated more than twelve years after its date, was statute-barred and therefore incompetent.
This decision underscores a fundamental principle: jurisdiction is radical and can be raised at any stage of proceedings, including for the first time on appeal. Any proceeding conducted without jurisdiction is a nullity and liable to be set aside.
We remain committed to delivering exceptional advocacy and strategic legal solutions for our clients.
Congratulations to the entire Transadvisory Legal team involved in this landmark success!