TONY-ANTHONY HOLDINGS LIMITED & ANOR
V.
COMMERCIAL BANK FOR AFRICA

(2013) JELR 35926 (CA)

Court of Appeal 28 Jan 2013 Nigeria
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- The Court of Appeal held that the Federal High Court and the Failed Banks Tribunal lacked jurisdiction to entertain the suit, as the subject matter had already been finally determined by a consent judgment of the Lagos State High Court be

Case Details

Suit Number:CA/L/631/09
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:Andrew Igboekwe, Esq., with J. C. Ugo, Esq. For Appellant Olalekan Awogbemila, Esq. For Respondent

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This case has a chequered history; it started in 1995, and traversed through the Lagos State High Court, Ondo State High Court, Cross River State High Court, Failed Banks Tribunal, Lagos, and Federal High Court, Lagos, before it ended up in this Court with an appeal against the Federal High Court's decision to dismiss the Appellants' Application challenging its jurisdiction to entertain the suit. Jurisdiction is a threshold issue that strikes at the root of a case, and to find our way in this appeal, we have to trace the background facts the very beginning.

The 1st Appellant obtained credit facilities from the Respondent Bank, and when it "refused and/or neglected" to clear its indebtedness to the Bank, the Respondent as Plaintiff filed Suit No. LD/2749/95 at the Lagos High Court, wherein it claimed the sum of N37,917,653.08 being the outstanding debt owed as at "31st day of May, 1995", and interest thereon from 1/6/95, etc.

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