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SIEMENS AG V. ONYEUKWU & ANOR

(2022) JELR 110915 (CA)

Court of Appeal  •  CA/A/199/2019  •  15 Nov 2022  •  Nigeria

Coram
Peter Olabisi Ige JCA Ugochukwu Anthony Ogakwu JCA Mohammed Mustapha JCA

Appearances
D.D. Killi, Esq. with him, O. H. Ogundiran for the Appellant; Ernest Nwoye for the 1st Respondent; Joseph Oche for 2nd Respondent.

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal Capital Territory, Abuja, delivered on the 26th of May, 2017 in Suit No FCT/HC/CV/727/2014, dismissing the preliminary objection of the appellant, see page 160 to 165 of the record of appeal. 

Facts in brief: 

The 1st Respondent filed a writ of summons against the appellant and 2nd respondent dated the 21st of February, 2014, claiming reliefs for breach of contract for payment of 5% of contract and commissions on jobs in Nigeria. The address of the appellant and the 2nd Respondent known to the 1st Respondent, and therefore endorsed on the writ of summons and statement of claim is N38 N'djamena Street Wuse II, Abuja, see page 1 to 33 of the record of appeal. 

It is contended that the appellant is an international company, registered in Germany, principally in Berlin and Munich, outside the jurisdiction of the lower Court, yet the processes were served on the 2…

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