Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADETONA & ORS
V.
IGELE GENERAL ENTERPRISES LTD.

(2011) JELR 44117 (SC)    

Supreme Court  ·  SC.237/2005 ·  14 Jan 2011 ·  Nigeria
 · 
Other Citations
(2011) 7 NWLR (pt 1247) 535 at 56
CORAM
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
court
federal high court
statement of claim
appellants
1st defendant
1st appellant
writ of summons
allied matters act
fatai atere way
high court of lagos state
learned counsel
trial court
manager of the 2nd appellant
constitution of the federal republic of nigeria
action of the defendants
exclusive jurisdiction
legitimate business
operations of the companies
subject matter of a suit
decision of the court of appeal
lower court
23rd day of march
7th december
access bank
behalf of the 3rd defendant
circumstances of this case
duties of a receiver
jurisdiction of the trial court
lagos division
management of the 2nd appellant
personal visit of the plaintiff
premises of other persons
respect of the subject matter of the suit
respondents office
ruling of the high court of lagos state
said paragraphs
staff of the plaintiff
such want of jurisdiction
suit of the respondent
support of the submissions of the learned counsel
trite law
virtue of the provision of section

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on the 10th March, 2005 whereby the court dismissed the appeal lodged by the Appellants against the ruling of the High court of Lagos state, which dismissed Appellants' preliminary objection dated 16th October, 2010 filed by the Appellants in which they sought to strike out the Respondents' suit on the ground that the suit arose from the exercise of powers and duties of a Receiver/Manager and therefore falls within the operations of the Companies and Allied Matters Act, over which the Federal High Court has exclusive jurisdiction by virtue of the provision of section 251(1)(e) of the 1999 constitution of the Federal Republic of Nigeria.

I shall briefly recount the events which culminated in the suit of the Respondent at the trial court for ₦2 million general and/or exemplary damages against the Appellants jointly and severally. Sometime in …

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