GEOMEK NIGERIA LIMITED
V.
MATORI

(2002) JELR 51176 (CA)    

Court of Appeal  ·  CA/IL/1/2002 ·  12 Dec 2002 ·  Nigeria
CORAM
MURITALAAREMUOKUNOLA, JCA (Presided and Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN, JCA JA'AFARU MIKA'ILU, JCA
Core Terms Beta
jurisdiction
appellant
defendant
counsel
rules
cause of action
learned counsel
respondent
kwara state
kwara state high court
plaintiff
preliminary objection
statement of claim
lead judgment
learned trial judge
legal action
sole issue
suit
writ of summons
contractual relationship
cross examination
high court
lower court
only issue
prevailing law
way of reply
way of summary
appellant defence
appellant mr. roland otaru
bauchi state government water project
clear distinction
counter-claim
defendant’s counsel
facts of this case
high court of kwara state
jurisdiction of the state high court
lack of jurisdiction
new counsel
notice of preliminary objection
personal property
provisions of order
purport of a preliminary objection
relevant provisions
respective briefs of arguments
ruling of the high court of kwara state
specific performance
terms of subject-matter
various judicial authorities
way of further reply

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Kwara State sitting at Ilorin delivered by Folayan, J. The facts of this case briefly put were as follows: “The appellant herein as plaintiff sued the respondent herein A as defendant at the High Court (hereinafter referred to as the Lower Court). The plaintiff (hereinafter called the appellant) claimed in his writ of summons a sum of twenty seven million, six hundred and seventeen thousand and fifty two naira, fourteen kobo (N27,617,052.14k) being debt owed the plaintiff (on the Bauchi State Government water project awarded to the plaintiff but executed by the defendant) which debt the defendant has refused, failed and neglected to pay despite repeated demands.” (see page 2 of the records). The application for issuance and service of the writ outside jurisdiction was made and granted and the respondent was served at Abuja where he is normally resident and doing business. The appel…

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