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URICH AUTO SUPPLY CO. LTD. V. LAWRENCE AZUBUIKE

(2001) JELR 51147 (CA)

Court of Appeal  •  CA/PH/52/98  •  19 Jun 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided and dissented) SYLVANUS ADIEWERE NSOFOR, JCA (Read the Lead Ruling) ABOYI JOHN IKONGBEH, JCA

Appearances
B. B. Faotu, Esq. (with him, J. Igiri) - for the Appellants. -*- Lawrence Azubuike in person

Judgement
<p><strong> NSOFOR, JCA (Delivering the Lead Ruling): </strong> The appeal raises a question of territorial jurisdiction; put in other words, of the proper value for commencing the action giving rise to the appeal. The appeal is being heard on the bundle of documents compiled by the defendants/appellants, a departure from the rules of this court with respect to compilation of records of appeal having been granted to them.</p><p>The claim of the plaintiff, <em> qua </em> respondent herein, arose ex contractu. By his writ of summons (see page 1 of the record) the claim was for the sum of N1,000,000 (One million naira) as special and general damages “to with (sic) that defendants on 15/10/94 at No. 61, Hospital Road, Aba, sold or supplied to the plaintiff a fuel injector or fuel distributor which was not fit for the purpose it was applied”. The appellants entered a “ <em> conditional </em> <em> appearance </em> ”. And upon the respondent’s statement of claim, dated the 11/3/ 96, being served on them, they challenged the jurisdiction of the …</p>

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