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EPE RESORTS AND SPA LIMITED V. UNITED BANK FOR AFRICA PLC

(2018) JELR 38518 (CA)

Court of Appeal  •  CA/L/799/2014  •  5 Jul 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, sitting in the Lagos Division, delivered by I. N. Auta CJ. on the 4th day of July, 2014 in Suit No: FHC/L/CS/131/14 which is contained at pages 124 - 127 of the Records of Appeal wherein the Lower Court dismissed the Respondent's Notice of Preliminary Objection challenging the jurisdiction of the Lower Court to hear and determine the instant suit filed by the Appellant. The said Notice of Preliminary Objection is contained at pages 100 -112 of the Records of Appeal and is premised on the ground that the subject matter of the suit did not fail within the jurisdiction of the Federal High Court pursuant to Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Writ of Summons and Statement of Claim are contained at pages 1 5 of the Records of Appeal.

Nettled by the decision of the Lower Court therefore, the Appellant filed Notice of A…

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