AMAMIZE
V.
S. I. O. INDUSTRIES LTD

(2007) JELR 45772 (CA)

Court of Appeal · CA/B/155/2005 · 14 Jun 2007 · Nigeria

CORAM

SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

defendant

plaintiff

respondent

delta state

nnebisi road

civil procedure

learned trial judge

nwlr part

preliminary objection

statement of defence

statement of claim

fifteen million naira

law

honourable court

suit no. a

11th day of july

behalf of the defendant

following cases

11th day of august

agreed rent

reasonable cause of action

reason of the willful default of the defendant

rent of n15,000,000.00

statute of limitation

sum of n10,000,000.00

trial judge

anor v. makinde

asaba judicial division

due determination of this application

facts of this case

false claim

following cases ajizwura v. disu

high court of delta state

inherent jurisdiction of court

limited liability company

lower court

ltd v. chief oluba

main issue

outstanding sum of n5,000,000.00

part of the property

position of the law

relevant issues

terms of the proposed lease of no.222

terms of the said proposed lease

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Z.A. Smith. J of the High Court of Delta State, Asaba Judicial Division, delivered on the 6th October 2004 in Suit No. A/110/2004 CHIEF ROBERT O. AMAMIZE V. S.I.O. INDUSTRIES LTD in which he upheld the preliminary objection against the competence of the Suit.

At the lower court the Appellant as Plaintiff had taken out a writ of summons against the Respondent as Defendant followed by a statement of claim dated the 14th June 2004 and filed on the 15th June 2004 which is reproduced hereunder-

IN THE HIGH COURT OF DELTA STATE

HOLDEN AT ASABA

BETWEEN SUIT NO.A/110/2004

CHIEF ROBERT O. AMAMIZE .... APPELLANT

AND

S.I.O. INDUSTRIES LIMITED .... RESPONDENT

STATEMENT OF CLAIM

1. The Plaintiff resides at No.8 Tanimola Street, Ilasamaja, Lagos and is the beneficial owner of all that land and buildings thereon lying being and situate at No. 22 Nnebisi Road, Asaba, Delta State registered as No.2…

AMAMIZE V. S. I. O. INDUSTRIES LTD

AMAMIZE
V.
S. I. O. INDUSTRIES LTD