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WATANMAL (SINGAPORE) PTE LTD V. LIZ OLOFIN AND COMPANY PLC.

(1997) JELR 45386 (CA)

Court of Appeal  •  CA/L/33/95  •  7 May 1997  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; SAMSON ODEMWINGIE UWAIFO JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;

Judgement

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): In the High Court of Lagos State in the Lagos Judicial Division and in Suit No. LD/1902/91, the plaintiff Watanmal (Singapore) PTE Ltd which is a foreign company incorporated under the Laws of Singapore claimed against the Defendant Liz Olofin and Company PLC, a company registered in Nigeria, the sum of US Dollars 1,096,493.31 plus interest being the value of goods sold and delivered to the defendant at the defendant's request. The writ was accompanied with a Statement of claim. The defendant entered a conditional appearance. It protested the jurisdiction of the court to entertain the matter on the grounds that the plaintiff is a foreign company resident and carrying on business outside the territorial jurisdiction of the court.

Subsequently and pursuant to Order 22 Rule 4 of the High Court of Lagos State (Civil Procedure) Rules 1972 and on the inherent jurisdiction of the Court, the defendant brought an application praying the Cour…

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