Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38823 (CA)    

Court of Appeal  ·  CA/OW/201/2013 ·  11 Jul 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
counter affidavit
civil procedure
abia state high court
leave of court
trial court
preliminary objection
abia state
extension of time
grounds of appeal
records of appeal
brief of argument
clear days
incompetent grounds of appeal
learned trial court
rules of court
trial judge
account of the defendants negligence
accrual of the cause of action
appellant filed notice of appeal
appellate court
commencement of the action
competent processes
decision of 1st day of november
determination of the appeal
due process of law
fact of the defendants place of residence
grounds of appeal pages
grounds of non-compliance
jurisdiction of the court
learned trial judge
mandatory provisions
matter of practice
plaintiffs warehouse
proper place
result of the defendants
ruling of abia state high court
said objection
said trial court
suit no. hos
supreme court
value of the plaintiffs
view of the uncertainty of the place

ITA G. MBABA, JCA  (DELIVERING THE LEADING JUDGMENT): This appeal is against the Ruling of Abia State High Court in Suit No. HOS/95/2008, delivered on 1st November, 2012 by Hon. Justice N.C. Otti, wherein the Learned Trial Court dismissed the challenge to its jurisdiction to entertain the Suit, raised by the Defendant, now Appellant.

At the trial Court, the Respondent (who was the Claimant at the said trial Court) had sought the following reliefs in the Writ of Summons, issued on 11/8/2008, but filed on 27/7/2008:

(1) The sum of 2,212,318.31 (Two Million Two Hundred and Twelve Thousand Three Hundred and Eighteen Naira, Thirty One Kobo), being the value of the Plaintiffs 65 Bales of Sisal Fibre, discovered at the Plaintiffs warehouse at No. 260 Aba Owerri Road, Aba in the Osisioma Ngwa LGA, Abia State, to be (sic) irretrievably damaged as a result of the Defendants defective containers in which the Plaintiffs said goods were shipped.

(2) The sum of 5,000,000.00 (Five Million Naira) only…

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