(2014) JELR 40206 (CA)    

Court of Appeal  ·  CA/L/88/2004 ·  27 Feb 2014 ·  Nigeria
RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
federal high court
learned trial judge
issue no.
nwlr pt
originating summons
nwlr part
support of the originating summons
1st defendant company
26th november
appropriate high court
federal capital territory abuja
federal high court act
federal high court act cap
high court
provisions of section
appellants issues
constitution of the federal republic of nigeria
financial institution
further affidavit
high court of the state
honourable court
1.the loan agreement
appropriate state high court
case affidavits
decision of the learned trial judge
defendants preliminary objection
exhibits do1
federal capital territory
interlocutory ruling of hon. justice b. b. aliyu of the federal high court
laws of federation of nigeria
nika ltd v. lavina corporation
notice of preliminary objection
ors v. m.s. onasanya
paragraphs affidavit
payment of interest
proper order
respondents issues
rita nosakhare pemu j.c.a.
subject matter
such provisions
suit no.fhc
view of the provision of the banking act cap
view of the provisions of the banking act cap
way of originating summons

RITA NOSAKHARE PEMU J.C.A. (Delivering the Leading Judgment): This is an appeal against the Interlocutory Ruling of Hon. Justice B. B. Aliyu of the Federal High Court sitting in Lagos in Suit No.FHC/L/CS/867/03 delivered on the 18th day of February 2004.

In the Ruling, the learned trial Judge upheld the Defendants Preliminary Objection that the Honourable Court has no jurisdiction to entertain the Plaintiffs' action, thereby striking out the suit.

The Appellants were the Plaintiffs in the lower Court, while the Respondents were the Defendants at the Lower Court.

At the Court below, the Plaintiffs had in 2003 instituted a suit against the Respondents by way of Originating Summons.

They sought a declaration that;

1.The loan Agreement dated 26th November 2o0l entered into between the Plaintiff and 1st Defendant Company is illegal, null and void.

2.The demand by Defendant for the payment of interest of 10% per month translating to 120% per annum on a facility sum of Twenty Million Naira …

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