OGUNTADE JSC (Delivering the Lead Judgment): The respondent (hereinafter referred to as the plaintiff) at the Warri High Court of Delta State brought a suit against the appellant (hereinafter referred to as the defendant) for special and general damages arising out of an alleged breach of contract for ten million United States dollars. The parties filed and exchanged pleadings. The defendant, after the exchange of pleadings, brought an application praying for the following orders:
“(1) An order of this honourable court setting down for hearing and det ermination, the points of law raised in the defendant’s statement of defence particularly paragraphs 15-22.
(2) Based on prayer one above, an order dismissing the plaintiffs action for disclosing no reasonable cause of action and for being incompetent, frivolous and vexatious in the circumstance.
(3) An order striking out this suit for lack of jurisdiction of this honourable court to entertain same.”
The grounds relied upon for bringing …