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FASAKIN FOODS (NIG.) LTD.
V.
SHOSANYA

(2006) JELR 37376 (SC)

Supreme Court 28 Apr 2006 Nigeria
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- The case involves an appeal regarding the transfer of a lawsuit from a State High Court to the Federal High Court. - The appellant filed a lawsuit in the State High Court, but the respondent argued that the State High Court lacked jurisdi

Case Details

Suit Number:SC.312/2001
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:O. O. Delano, Esq. For Appellant Dr. B. A. M. Ajibade For Respondent
Other Citations:Fasakin Foods (Nig.) Ltd. v. Shosanya (2006) 10 NWLR (Pt.987) 126 (2006) 4 S.C (Pt II) 204 (2006) 4 S.C (Pt II) 204, (2006) JELR 56959 (SC), JELR 61681

OGBUAGU, JSC (Delivering the Leading Judgment): This appeal from the facts raises an interesting constitutional question or point. The appellant in the High Court of Lagos State Ikeja Judicial Division, in Suit No. ID/768/96 (not 786) as appears in the Judgment of the Court of Appeal Lagos Division- (hereinafter called "the court below"), claimed against the respondent, several monetary reliefs. The action arises from alleged wrongful activities of the respondent during or from 18th March, 1991 to 22nd February, 1994 when he was a Receiver/Manager of the appellant. The appellant, filed and served a statement of claim on the respondent. In reaction to the same, the respondent filed a notice of preliminary objection on 14th April, 1997. The grounds of the objection are:

"(i) That this Honourable Court lacks the jurisdiction to hear and determine this suit;

and

(ii) That the filing of this suit in this Honourable Court constitutes an abuse of court process."

After hearing arguments from …

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