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…

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