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UNITED NIGERIAN TEXTILES PLC v. MOHAMMED ABU & ORS

(2014) JELR 36408 (CA)

Court of Appeal  •  CA/K/276/2009  •  10 Jul 2014  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; O.A. ADEFOPE-OKOJIE JCA; AMINA A. WAMBAI JCA;

Judgement

ISAIAH O. AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kaduna State, sitting at Kaduna contained in the Ruling delivered on 15/7/2009 by which the Court dismissed the application of the Appellant challenging the jurisdiction of the High Court of Kaduna State to hear and determine the action of the Respondents who had filed suit No. KDH/KAD/199/2009 for the claim of N30,406,661.14 (Thirty Million, Four Hundred and Six Thousand, Six Hundred and Sixty One Naira, Fourteen Kobo) against the Appellant as unpaid entitlement. The amount due to each of the Respondents was adumbrated in the statement of claim filed with the writ of summons.

By the motion on notice and supporting affidavit filed by the appellant on 29/4/2009, and copied on pages 239 - 242 of the record of appeal, the appellant sought the order striking out the suit for incompetence and for want of jurisdiction. The appellant had contended that the claims of the resp…

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