URICH AUTO SUPPLY CO. LTD
V.
AZUBUIKE

(2001) JELR 51147 (CA)    

Court of Appeal  ·  CA/PH/52/98 ·  19 Jun 2001 ·  Nigeria
 · 
Other Citations
Urich Auto Supply Co. Ltd v. Azubuike (2002) 16 NWLR (Pt. 793) 343
CORAM
JAMES OGENYI OGEBE, JCA (Presided and dissented) SYLVANUS ADIEWERE NSOFOR, JCA (Read the Lead Ruling) ABOYI JOHN IKONGBEH, JCA
Core Terms Beta
respondent
aba
appellants
suit
appeal
rivers state
court
fuel injector
port harcourt
trial court
counsel
statement of claim
writ of summons
defendants
learned trial judge
breach of contract
high court law
abia state
alleged breach of contract
hospital road
new fuel injector
rivers state high court
territorial jurisdiction
2nd defendant
appellant’s brief
fuel distributor
lack of jurisdiction of this court
laws of eastern region
specific performance
writ of summons of the respondent
alleged breach
appellants’ motion
breach of the contract of the sale
business of the plaintiffs
claim of the plaintiff
compilation of records of appeal
contractual obligation
following paragraphs
issue of prior leave of court
jurisdiction of the trial court
jurisdiction of this court
material facts
present case
question of territorial jurisdiction
respective briefs of argument
respondent’s statement
rules of this court
spare parts
square brackets
way of a motion

NSOFOR, JCA (Delivering the Lead Ruling): The appeal raises a question of territorial jurisdiction; put in other words, of the proper value for commencing the action giving rise to the appeal. The appeal is being heard on the bundle of documents compiled by the defendants/appellants, a departure from the rules of this court with respect to compilation of records of appeal having been granted to them.

The claim of the plaintiff, qua respondent herein, arose ex contractu. By his writ of summons (see page 1 of the record) the claim was for the sum of N1,000,000 (One million naira) as special and general damages “to with (sic) that defendants on 15/10/94 at No. 61, Hospital Road, Aba, sold or supplied to the plaintiff a fuel injector or fuel distributor which was not fit for the purpose it was applied”. The appellants entered a “ conditional appearance ”. And upon the respondent’s statement of claim, dated the 11/3/ 96, being served on them, they challenged the jurisdiction of the …

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