PETROLUEM (SPECIAL) TRUST FUND V. FIDELITY BANK PLC & 3 ORS

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the Lead Judgment): The instant appeal is an out-flow of the Judgment of the Court of Appeal, Abuja Judicial Division, holden at Abuja, delivered on December, 4, 2006 in appeal No. CA/A/43/05. By the Judgment in question, the court below, coram I.T. Muhammad, JCA (now CJN), Adekeye, JCA (later JSC), and Uwa, JCA, affirmed the Ruling of the trial FCT High Court delivered on October 12, 2004, thereby striking out the Appellant's suit (NO. FCT/HC/CV/931/2002) and the Respondent's counter claim, for lack of jurisdiction.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the record of appeal, transmitted to this court on July 14, 2009. The suit was instituted by the Appellant in the trial court with a writ of summons. By the statement of claim thereof, dated August 29, 2002, the Appellant claimed against the Defendant (FSB International Bank PLC) the following reliefs:

a). The sum of N33,065,868.70 being Advan…