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FASAKIN FOODS (NIG.) LTD. V. MARTINS BABATUNDE SHOSANYA

(2006) JELR 37376 (SC)

Supreme Court  •  SC.312/2001  •  28 Apr 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; ALOMA MARIAM MUKHTAR JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

OGBUAGU, JSC (Delivering the Leading Judgment): This appeal from the facts raises an interesting constitutional question or point. The appellant in the High Court of Lagos State Ikeja Judicial Division, in Suit No. ID/768/96 (not 786) as appears in the Judgment of the Court of Appeal Lagos Division- (hereinafter called "the court below"), claimed against the respondent, several monetary reliefs. The action arises from alleged wrongful activities of the respondent during or from 18th March, 1991 to 22nd February, 1994 when he was a Receiver/Manager of the appellant. The appellant, filed and served a statement of claim on the respondent. In reaction to the same, the respondent filed a notice of preliminary objection on 14th April, 1997. The grounds of the objection are:

"(i) That this Honourable Court lacks the jurisdiction to hear and determine this suit;

and

(ii) That the filing of this suit in this Honourable Court constitutes an abuse of court process."

After hearing arguments from …

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