OTI CARPETS AND FURNISHING CO. LTD V. JAYKAY CARPET INDUSTRIES LIMITED G. G. MUTWANI

RHODES-VIVOUR JCA (Delivering the Lead Judgment): The appellant as plaintiff sued the respondents and two others on a writ of summons and statement of claim for the sum of N3,000,000.00(three million naira) being special and general damages for the supply of rug carpets that were not of merchantable quality and for breach of contract. On being served the originating processes, the present respondents entered unconditional appearance and filed a joint statement of defence wherein they contested the issue of jurisdiction. On 29 April 2002, the other two defendants were struck out as parties in the suit after learned counsel for the plaintiff discontinued against them.

Learned counsel for the respondents (i.e. the two respondents left ) then filed a notice of preliminary objection for:

An order striking out the suit for lack of jurisdiction ; An order striking out the 2nd defendants name in the suit. At the hearing of the preliminary objection on 22 October 2002, learned counsel for the …