Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1992) JELR 40171 (CA)    

Court of Appeal  ·  CA/K/234/91 ·  4 Jun 1992 ·  Nigeria
Other Citations
Bello v. N.B.N (1992) 6 NWLR (Pt. 246)
Bello v. N.B.N. (1992) 6 NWLR (Pt. 246) 206
OKAY ACHIKE Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria SIMEON ADEBAYO ODUWOLE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
writ of summons
lower court
preliminary objection
instant case
registered office
allied matters act
jurisdiction of the court
learned trial judge
registered office of the company
affidavit of service
court process
mandatory requirement
mr. j. b. daudu
principal place of business
rules of court
services of documents
sufficient material
trial court
address of service
civil process act cap
combined effect of section
company ought
determination of the substantive motion
endorsement of the writ
high court
high court civil procedure rules
import of the objection
issuance of writ
jurisdiction of the kaduna state high court
leading judgment
learned justice
leave of this court
limited liability company
much ado
muritala a. okunola
necessity of the writ of summons
provisions of the applicable law
relevant facts
requirements of sections
rules of the court
rules of the high court
summons of the said writ

OKAY ACHIKE, JCA (DELIVERING THE LEADING JUDGMENT): By his writ of summons, the plaintiff claimed three declaratory and one injunctive reliefs from the defendant. The plaintiff sought and obtained an interim injunction against the defendant restraining it from disposing of the plaintiff's property mortgaged to it pending the determination of the substantive motion on notice already filed in Court which the lower court had fixed for hearing on 21/5/91. The defendant was duly served the writ of summons and a motion on notice earlier mentioned. When finally the court was about to commence hearing the motion on 14/8/91, Mr. J. B. Daudu, learned plaintiff's counsel successfully prayed the court to strike out the name of the 2nd defendant. Thereafter, learned counsel for the defendant, T. K. Olaniyan, Esq. indicated that he had a preliminary objection to raise and it touched on the jurisdiction of the court. The import of the objection raised two issues, namely:

(a) question of obtaining le…

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