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EDICOMSA INTERNATIONAL INC. AND ASSOCIATES v. CITEC INTERNATIONAL ESTATES LTD.

(2005) JELR 36356 (CA)

Court of Appeal  •  CA/A/175/2003  •  8 Dec 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMEPOMO OMAGE JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

RHODES-VIVOUR, JCA (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the ruling of the Hon. Justice Hussein Muktar of the Abuja High Court, delivered on the 23rd day of July, 2003.

The plaintiff/appellant sued the defendant/respondent on a writ of summons issued out of the Abuja High Court on 31/3/03. The plaintiff's claim was for breach of contract, orders of injunction and an account.

Upon being served the writ of summons and statement of claim, the defendant filed its statement of defence on 16/5/03. Learned Counsel for the defendant/respondent filed a notice of preliminary objection on ten grounds contending in the main that the court lacks jurisdiction to entertain the suit. The objection was subsequently argued on three grounds to wit:

"1. The plaintiff is not a juristic person.

2. The plaintiff's case as disclosed in the statement of claim is not one that can be entertained by this court, and

3. The cause of action is premised on an illega…

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