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IRVING ASSEST & MANAGEMENT CO. LTD v. ROCKTRUST INVESTMENT LTD.

(2016) JELR 91617 (CA)

Court of Appeal  •  CA/L/324/2012  •  21 Dec 2016  •  Nigeria

Coram
MOHAMMED LAWAL GARBA ONYEKACHIAJA OTISI  JOSEPH E. EKANEM

Judgement

ONYEKACHI AJA OTISI, JCA

This appeal is against the ruling of High Court of Lagos, Commercial Division, Ikeja Coram Honourable Justice O. A. Williams sitting at Tafawa Balewa Square, Lagos delivered on 23/3/2012 in Suit No LD/1498/2008 wherein the learned trial Judge overruled motion on Notice filed by the Appellants challenging its jurisdiction.

The Respondent was the claimant before the lower court, while the Appellants were the defendants. At the close of the case of the Respondent, as claimants in the lower court, the Appellants filed a motion on notice in which they challenged the jurisdiction of the lower court to hear the matter on the grounds that the subject matter of the suit was anchored on a contract for the sale and purchase of shares entered into by the parties and is therefore outside the jurisdiction of the lower court. The learned trial Judge ruled that it had jurisdiction to entertain the matter because it bordered on fraudulent misrepresentation for money had and rece…

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