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INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) v. ISMAILA TIJANI OLABODE (Trading under the name of IT Olabode Enterprises)

(2009) JELR 47258 (CA)

Court of Appeal  •  CA/A/176/05  •  7 Apr 2009  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; MARY PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal by the Appellant against the ruling of Hon. Justice H. Mukhtar of the High Court of the F.C.T. Abuja (as then was) delivered on the 29th June, 2005.

The Respondent who was the plaintiff at the lower court, filed a case against the Appellant as Defendant, claiming inter alia the sum of N3,366,747.00 (Three Million, Three Hundred and Sixty-Six Thousand, Seven Hundred and Forty-Seven Naira) being the sum meant for the professional fees for three architectural designs and drawings made on the Defendant's instructions and which has been delivered to the Defendant and has remained unpaid for till date.

By a Notice of Preliminary Objection filed on the 12th May, 2005, the Appellant challenged the competence of the lower court to entertain the suit upon the following grounds:-

a)That the lower court lacks jurisdiction and or competence to hear and determine the suit as presently constituted;

b) That…

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