Customer Support

WILLBROS WEST AFRICA INC & ORS
V.
MCDONNEL CONTRACT MINNING LTD

(2015) JELR 40543 (CA)

Court of Appeal 15 Jun 2015 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against a judgment of the High Court in Lagos State, Nigeria. - The appeal is based on the dismissal of the defendants' preliminary objection to the competence of the suit and the jurisdiction of the lower court. -

Case Details

Suit Number:CA/L/564/2013
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Seni Adio, Esq., with Ijeoma Najemej (Mrs.) For Appellant I.A. Oyebuchi with F. Olufemi For Respondent

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Jose J. of the High Court Lagos State, Lagos Judicial Division delivered on 28th November, 2012 wherein the court dismissed five out of the six grounds of the Defendants'/Appellants preliminary objection.

The Respondent had filed its originating process with documents for judgment while, Defendants filed a conditional appearance. However, the 1st-3rd Defendants/Appellants filed a preliminary objection to the Claimant/Respondent suit challenging the competency of the suit and the jurisdiction of the lower court to hear and determine the suit on the grounds that Section 8 of the foreign judgments (Reciprocal Enforcement) Act, 2004 and Reciprocal Enforcement of Judgment Act (Cap 175) 1958 oust the jurisdiction of the court to entertain the suit as constituted; improper service of the originating process on the 1st Defendant and also that the 2nd-3rd Defendants were not part…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.