MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the ruling of the Rivers State, High Court of Justice, sitting in Port Harcourt. The ruling was delivered on the 3rd of July, 2006 wherein the court dismissed the preliminary objection filed by the Appellant challenging the Jurisdiction of the High Court of Rivers State to hear the suit of the Respondent as Plaintiff in the said court.
The Respondent commenced the suit no. PHC/1176/2005 before the High Court of Rivers State by writ of Summons issued on 18th October, 2005 and an affidavit of claim dated the same day. Leave was granted for the suit to be heard under the undefended list procedure on 14th November, 2005. The Respondent claimed before the High Court of Rivers State against the Appellant as follows:
(a) Payment of sum of N1,650,905.00 (One Million, Six Hundred and Fifty Thousand, Nine Hundred and Five Naira) only being and representing money owed the plaintiff as refundable container deposit…