Ratio DecidendiRatio Decidendi


(1997) JELR 45405 (SC)    

Supreme Court  ·  SC.70/1989 ·  31 Jan 1997 ·  Nigeria
Other Citations
N.E.P.A v Onah (1997) 1 NWLR (Pt.484)
N.E.P.A. v. Onah (1997) 1 NWLR (Pt. 484) 680
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
high court of justice
writ of summons
jurisdiction of this honourable court
learned trial judge
following issues
case of skenconsult
bendel state
leave of court
civil process act cap
leading judgment
domestic writ
view of the decisions of the supreme court
learned judge
following claim
jurisdiction of the court
court of appeal
high court
laws of the federation of nigeria
7th defendants
brother agbaje
leave of the court
said sum of n300,000.00
civil procedure
learned counsel
decisions of the court of appeal
servants of the 8th defendant
state of origin of the summons
apparent reason
judgment of nnamani j.s.c.
benin city
rules of bendel state
chief f.r.a. williams
service of the writ of summons
concurrent findings of fact
provisions of ss
lagos state
submission of the appellant
mr. theodore ezeobi
service of the writ
following words
decision of the court of appeal
sum of n300,000.00
affected writ of summons
affirmation of the high court
civil process act

U. MOHAMMED, JSC (Delivering the Leading Judgment): The power to issue and serve writ out of jurisdiction is the matter involved in this appeal. The suit which brought about this appeal was filed in the High Court of Justice, Bendel State with the following claim:

"The plaintiff's claim against the defendant jointly and severally is for the sum of N300,000.00 being special and general damages in that on the 26th of January, 1987 in Benin City within the jurisdiction of this Honourable Court the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th defendants as agents or servants of the 8th defendant negligently carried out electrical connections at No. 55A New Lagos Road, Benin City which resulted into a big fire that destroyed the plaintiff's Hair Care equipment. The defendants have failed and/or refused to pay the said sum of N300,000.00 despite repeated demands.

WHEREOF the plaintiff claims against the defendants jointly and severally the sum of N300,000.00; Dated at Benin-City this 19th day of M…

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