ANI B. BARAK NIGERIA LIMITED & ANOR V. HERITAGE BANK LIMITED

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal here is over the Ruling of the High Court of Kaduna State (the lower Court) on a preliminary objection. By a notice of preliminary objection dated 14/4/14, Enterprise Bank Ltd. (now Heritage Bank) as the defendant in the suit now on appeal, challenged the jurisdiction of the lower Court to hear and determine the case on the ground that it had no territorial jurisdiction to do so. After considering the preliminary objection, the Court agreed that it had no jurisdiction to entertain the matter. It therefore struck it out and dismissed it. Dissatisfied with the Ruling, which was delivered on 26/5/14, the Appellants Ani B. Barak Nig. Ltd. and Hon. Ali Kumo who were the plaintiffs at the lower Court, challenged the ruling on the following two grounds:

GROUND ONE

The learned trial judge erred in law when she declined territorial jurisdiction over the loan transaction between the 1st Appellant and the Respondent.

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