MUSACONI LIMITED V. MR. H. ASPINALL

OGUNTADE, JCA (Delivering the Lead Judgment): The respondent was the plaintiff before the Ankpa High Court of Kogi State where in suit No. AHC/18/2000, he claimed against the appellant as the defendant the sum of sixty thousand United States Dollars (US $60,000.00) or its current naira equivalent being debt owed to the respondent arising from a contract of employment between appellant as employer and plaintiff as employee or servant.

The plaintiff filed his statement of claim on 10/8/2000. On 23/2/ 2001, the defendant brought an application praying for amongst other reliefs that plaintiff’s suit be struck out for “being incompetent on ground of lack of jurisdiction.” There was filed in support of the application an 18-paragraph affidavit. The plaintiff filed a counter-affidavit on 2/2/01 and a further counter-affidavit on 8/3/01.

The trial Judge, Musa, J. on 23/3/2001 heard arguments on the defendant’s application. On 26/3/01, the learned trial Judge held in a relevant part of his rul…