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TESSI JANE INTERNATIONAL LIMITED & ANOR v. FINANCIAL DATANET HOUSE LIMITED & ORS

(2014) JELR 40206 (CA)

Court of Appeal  •  CA/L/88/2004  •  27 Feb 2014  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA;

Judgement

RITA NOSAKHARE PEMU J.C.A. (Delivering the Leading Judgment): This is an appeal against the Interlocutory Ruling of Hon. Justice B. B. Aliyu of the Federal High Court sitting in Lagos in Suit No.FHC/L/CS/867/03 delivered on the 18th day of February 2004.

In the Ruling, the learned trial Judge upheld the Defendants Preliminary Objection that the Honourable Court has no jurisdiction to entertain the Plaintiffs' action, thereby striking out the suit.

The Appellants were the Plaintiffs in the lower Court, while the Respondents were the Defendants at the Lower Court.

At the Court below, the Plaintiffs had in 2003 instituted a suit against the Respondents by way of Originating Summons.

They sought a declaration that;

1.The loan Agreement dated 26th November 2o0l entered into between the Plaintiff and 1st Defendant Company is illegal, null and void.

2.The demand by Defendant for the payment of interest of 10% per month translating to 120% per annum on a facility sum of Twenty Million Naira …

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