DAVID OGBA ONUOHA V. NATIONAL BANK OF NIGERIA LTD & ANOR

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Olusola Thomas J. of the Lagos Division of the Lagos State High Court delivered on the 22nd December, 1988. The 2nd Defendant now Appellant by way of preliminary objection challenged the jurisdiction of the lower court to entertain the suit before it as well as its competence to entertain the action on the ground that the said action amounts to abuse of court's process. The trial judge dismissed the objection by the 2nd Defendant/Appellant. Aggrieved by the decision in the Ruling he appealed to this Court.

In his brief of argument filed on 18/3/96 Appellant identified and formulated two issues for determination, namely:

(a) Whether having regard to Order 1A Rules 3 and 4 of the High Court of Lagos State Civil Procedure Rules, the Lagos Judicial Division is a convenient forum to hear and adjudicate upon the suit.

(b) Whether the learned trial judge having regard to the affidavit evidence and the …