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TONY-ANTHONY HOLDINGS LIMITED & ANOR v. COMMERCIAL BANK FOR AFRICA

(2013) JELR 35926 (CA)

Court of Appeal  •  CA/L/631/09  •  28 Jan 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; SIDI DAUDA BAGE JCA; RITA NOSAKHARE PEMU JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This case has a chequered history; it started in 1995, and traversed through the Lagos State High Court, Ondo State High Court, Cross River State High Court, Failed Banks Tribunal, Lagos, and Federal High Court, Lagos, before it ended up in this Court with an appeal against the Federal High Court's decision to dismiss the Appellants' Application challenging its jurisdiction to entertain the suit. Jurisdiction is a threshold issue that strikes at the root of a case, and to find our way in this appeal, we have to trace the background facts the very beginning.

The 1st Appellant obtained credit facilities from the Respondent Bank, and when it "refused and/or neglected" to clear its indebtedness to the Bank, the Respondent as Plaintiff filed Suit No. LD/2749/95 at the Lagos High Court, wherein it claimed the sum of N37,917,653.08 being the outstanding debt owed as at "31st day of May, 1995", and interest thereon from 1/6/95, etc.…

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