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PETROLUEM (SPECIAL) TRUST FUND
V.
FIDELITY BANK PLC & 3 ORS

(2021) JELR 111470 (SC)

Supreme Court 10 Dec 2021 Nigeria
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- The jurisdiction of the Federal High Court to entertain a cause or matter where an agency of the Federal Government is a party is discussed. - The presence of a Federal Government agency as a party determines the jurisdiction of the Feder

Case Details

Suit Number:SC/196/2009
Judges:MARY UKAEGO PETER ODILI, JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM MOHAMMED MUSA SAULAWA, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:K.I. Mando, Esq. and with R. Adeyemo, Esq. for the Appellant; A.M. Kayode, Esq. with F. P. Chorio, Esq and J.O. Are, Esq. for the 1st respondent; I.Y. Umaru, Esq. for 2nd respondent; Samson Adikwu Eigege, Esq. with Ntayi Bandawa, Esq., Kigai Zongtong, Esq., and Nneoma Ogbonna, Esq. for the 3rd & 4th respondents.

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the Lead Judgment): The instant appeal is an out-flow of the Judgment of the Court of Appeal, Abuja Judicial Division, holden at Abuja, delivered on December, 4, 2006 in appeal No. CA/A/43/05. By the Judgment in question, the court below, coram I.T. Muhammad, JCA (now CJN), Adekeye, JCA (later JSC), and Uwa, JCA, affirmed the Ruling of the trial FCT High Court delivered on October 12, 2004, thereby striking out the Appellant's suit (NO. FCT/HC/CV/931/2002) and the Respondent's counter claim, for lack of jurisdiction.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the record of appeal, transmitted to this court on July 14, 2009. The suit was instituted by the Appellant in the trial court with a writ of summons. By the statement of claim thereof, dated August 29, 2002, the Appellant claimed against the Defendant (FSB International Bank PLC) the following reliefs:

a). The sum of N33,065,868.70 being Advan…

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