M.T.N. NIGERIA COMMUNICATION LTD V. SUNTAN VENTURES LTD & ANOR

RITA NOSAKHARE PEMU, J.C.A. (Delivered the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, Lagos, Lagos Judicial Division delivered by the Honourable Justice A. I. Ajakaiye on the 17th of March, 2009, which appeal was filed vide Notice of appeal on the 30th of March, 2009 with just one ground of Appeal (see pages 337 and 338 of the Record of Appeal) and the ground of appeal is that

"The learned trial judge erred in law when he dismissed the Appellants Notice of Preliminary Objection dated November, 27, 2006 which prayed for an order striking out the suit for want of jurisdiction on the ground that the 1st Respondent's Statement of claim had averred sufficient facts which ultimately bordered on the objection/applicability of the Nigerian Communication Act, 2003".

The Appellant had sought the following consequential reliefs-

(i) An order allowing this appeal.

(ii) An order striking out the suit at the lower Court for lack of jurisdiction.

In pursuance …