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ANI B. BARAK (NIG.) LTD & ANOR
V.
HERITAGE BANK LTD

(2017) JELR 37597 (CA)

Court of Appeal 24 May 2017 Nigeria
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Case Details

Suit Number:CA/K/424/2014
Judges:IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Sulieman Ahmed Akasawua with him, Oluwole Yetunde For Appellant Awwal A. Salisu Esq. For Respondent

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal here is over the Ruling of the High Court of Kaduna State (the lower Court) on a preliminary objection. By a notice of preliminary objection dated 14/4/14, Enterprise Bank Ltd. (now Heritage Bank) as the defendant in the suit now on appeal, challenged the jurisdiction of the lower Court to hear and determine the case on the ground that it had no territorial jurisdiction to do so. After considering the preliminary objection, the Court agreed that it had no jurisdiction to entertain the matter. It therefore struck it out and dismissed it. Dissatisfied with the Ruling, which was delivered on 26/5/14, the Appellants Ani B. Barak Nig. Ltd. and Hon. Ali Kumo who were the plaintiffs at the lower Court, challenged the ruling on the following two grounds:

GROUND ONE

The learned trial judge erred in law when she declined territorial jurisdiction over the loan transaction between the 1st Appellant and the Respondent.

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