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INTERNATIONAL TOBACCO COMPANY LIMITED & ANOR v. SEA MOUNTAIN COMPANY NIGERIA LIMITED

(2017) JELR 37320 (CA)

Court of Appeal  •  CA/L/171/2012  •  10 Mar 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment):This is an interlocutory appeal against the Ruling of the High Court of Lagos State Ikeja Judicial Division, delivered by Pedro J, on the 31st day of December 2011 in suit No. ID/1066/2010, wherein the lower Court dismissed Defendants/Appellants application seeking to strike out Plaintiffs/Respondents suit on grounds of lack of jurisdiction.

By way of brief summary of facts grounding the appeal. The Appellants were sued by the Respondent by writ of summons dated 14th July 2010 before the High Court of Lagos State for breach of contract and recovery of debt, the suit at the lower Court had to do with breach of contract for construction and renovation, entered into at various times in the year 2006. The main contention of the Appellants was that the contracts were entered into in Ilorin outside the territorial Jurisdiction of the High Court of Lagos State. The High Court of Lagos State therefore had no jurisdiction to hear and deter…

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