(2001) JELR 44365 (CA)    

Court of Appeal  ·  CA/IL/25/2000 ·  12 Jul 2001 ·  Nigeria
Other Citations
Ames Electrical Co. Ltd. v. F.A.A.N. (2002) 1 NWLR (Pt 748)354
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
action notice
lower court
statement of defence
preliminary objection
learned trial judge
writ of summons
proper order
grounds of appeal
leading judgment
notice of preliminary objection
relevant documents
supporting affidavit
lagos state
notice of appeal
question of fact
record of proceedings
respect of the matter
submissions of counsel
suit no. fhc
brother onnoghen j.c.a
case of the appellant
competency of the action
conclusion of arguments
court of jurisdiction
deemed admission
duty of the learned trial judge
facts of the case
federal high court
following orders
issue of service
place of evidence
plaintiff claims
preliminary objection of the respondent
relevant paragraphs of the supporting affidavit
respect of a case
said letter of demand
service of process
single issue
statutory notice of the plaintiff
sum of n638,574.14
support of the respondent
trial of this suit
way of an alternative submission

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice J.T. Tsoho of the Federal High Court sitting in Ilorin in Suit No. FHC/IL/CS/30/98 delivered on 4th November 1999 in which he upheld the preliminary objection of the respondent as to the competency of the action and service of process therein and consequently dismissed the action.

The facts of the case are that the appellant, as plaintiff instituted the action against the respondent as defendant in the Federal High Court, Ilorin claiming as follows:

"WHEREOF the plaintiff claims from the defendant as follows:

(i) A sum of N638,574.14 being the sum due from and payable by the defendant to the plaintiff as the outstanding balance on a total contract sum of N2,550,894.20 for the extension of NEPA primary power supply to the VORIDME Air Navigational facility site in Lasoju-Otte Ilorin Airport which contract the plaintiff has since completed and which outstanding balance the defendant…

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