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JULIUS BERGER NIGERIA LIMITED V. CHRIS UDOFIA

(2017) JELR 37790 (CA)

Court of Appeal  •  CA/C/97/2013  •  30 Mar 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant was the Defendant/Applicant at the trial Court in the suit filed against Respondent as Plaintiff/Respondent in suit No. HU/233/2010 praying for an order setting aside all processes issued and all proceedings conducted in the suit and striking out the suit for want of jurisdiction by the trial Court on the grounds that the matter can only be exclusively entertained by the Federal High Court based on Section 251(1)(n) of the 1999 Constitution as amended among other laws.

On the 6th of February, 2013, J. I. Unwana, J of the Akwa Ibom State High Court sitting at Uyo dismissed the Appellant's preliminary objection against the jurisdiction of the Court to entertain the suit.

SUMMARY OF FACTS AS PRESENTED BY THE APPELLANT:

Sometime in May 15th, 2009, the Appellant issued a purchase order number 81876 to the Respondent for the supply of sharp sand worth Twenty Million Naira for the Appellant's Industrial and const…

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