ITA GEORGE MBABA J.C.A. (Delivering the Leading Judgment): This is an appeal against an interlocutory Ruling of Kano State High Court, delivered by Hon. Justice M. H. Abdullahi on 4/5/2010, in Suit NO. K/88/1995.
The 2nd Respondent (NDIC- Liquidator Premier Bank PLC) and the Appellant had filed applications before the Lower Court on 17/8/2006, and 9/11/2006, respectively, seeking the striking out of the Suit (K/88/1995) for want of jurisdiction. The 1st Respondent, who was the plaintiff in the action, filed Counter affidavits on 8/11/2006 and 15/11/2006, in response to the two applications, respectively. Arguments were taken in both applications on 15/11/2006 and in its ruling, on 4/5/2010, the learned trial Court dismissed the applications, saying:
"On the issue of jurisdiction of Federal High Court in relation to this matter, since the Company referred to in Section 417 of CAMA has not been shown to be party to this case, this court has jurisdiction, moreover the issue of the 2nd de…