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CHUKWUMA - MACHUKWU UME v. NIGERIAN COPYRIGHT COMMISSION

(2014) JELR 36495 (CA)

Court of Appeal  •  CA/A/411/2011  •  10 Jul 2014  •  Nigeria

Coram
MOORE A. A. ADUMEIN JCA; JOSEPH E. EKANEM JCA; MUHAMMED MUSTAPHA JCA;

Judgement

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): The appellant, Chukwuma - Machukwu Ume, was appointed a receiver/liquidator of an insurance company, Fortress Insurance Company Limited (In Liquidation). The winding up of the company was sanctioned by the court.

With leave of court and pursuant to his mandate, the appellant filed a suit on the "Undefended List" on behalf of the company claiming against the respondent as follows;

"(a) The unpaid premium of N801,535.28 by the defendant.

(b) The cost of this suit which is assessed at N300,000.00

(c) Total sum of N1,101,538.28

(d) 20% of the judgment sum until same is paid".

The suit was initiated at the Federal High Court, Abuja Judicial Division ("the lower court").

On 5th July, 2007 when the case was scheduled for ruling, the court suo motu raised an issue as to its jurisdiction over the matter and directed the parties to file addresses in that regard. After taking the addresses of counsel on both sides, the lower court in i…

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