TRANSOCEAN SHIPPING VENTURES PRIVATE LTD
V.
MT SEA STERLING

(2018) JELR 38382 (CA)

Court of Appeal 24 May 2018 Nigeria
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- The appellant filed a suit at the Federal High Court for outstanding payment for goods and services supplied to the respondent. - The respondent challenged the jurisdiction of the court and filed a motion to strike out the suit. - The app

Case Details

Suit Number:CA/L/22/2018
Judges:YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Oluwafemi Adenitire, Esq. For Appellant A. O. Agbola, Esq. (with Ms. N. V. Chinwuba, S. T. Agbaje, Esq., Obiora Okechi, Esq. & Ms. Deborah Oke) For Respondent

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The Appellant instituted proceedings at the Federal High Court, Lagos Division in respect of outstanding payment due to it for goods and services it supplied and rendered to the Respondent for her operation and maintenance. The action was in SUIT NO. FHC/L/CS/1160/2017: TRANSOCEAN SHIPPING VENTURES PRIVATE LTD v. MT SEA STERLING. Upon being served the Court processes, the Respondent filed an application challenging the jurisdiction of the Court and urging the Court to strike out the suit. The Appellant filed processes in opposition to the Respondent's motion and further filed an application wherein it urged the Court to strike out the processes filed by the Respondent for being incompetent.

The Respondent opposed the Appellant's application. The lower Court took argument on both applications together. It first determined the Respondent's application which it granted, holding that it does not have jurisdiction. Based on th…

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