SALAMI, JCA (Delivering the Leading Judgment):
The plaintiff, per a writ of summons dated 2nd August, 1996, taken out of Kano State High Court of Justice, is claiming against the defendants, jointly and severally, the sum of ₦5,000,000 damages for wrongful arrest and unlawful detention in Kano and Abuja.
Parties duly filed and exchanged pleadings. On 1st day of September, 1997, the defendants filed a motion on notice challenging the competence of the court below to hear the action on ground of territorial jurisdiction. Learned trial Judge, after hearing both parties, in a reserved and considered ruling refused the application and held that Kano State High Court was seised of the matter.
The defendants were unhappy with the decision and being aggrieved appealed to this court. Briefs of argument were filed and exchanged. In the respective briefs, only one issue was identified as calling for determination. The two formulations, in my respectful opinion are very similar, if not identical…