YEA NIGERIA LIMITED & ANOR V. YNSYGHT & CYNTHESYS NIGERIA LIMITED

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Rivers State (the lower Court) in Suit No: PHC/1425/2016, delivered on 22/11/2017, wherein Justice I.P.C Igwe refused to grant the Appellants' application to set aside its judgment and strike out the suit for incompetence and want of jurisdiction. The ruling is copied at pages 289-302 of the Additional Record. The background facts leading to this appeal are that the Respondent, as Claimant, filed an action against the Appellants, as Defendants, via a Writ of Summons (Undefended List) on 06/06/2016, before the lower Court for the refund of part of the contract sum already paid, alongside damages known as 'malus charge' as stipulated in the Contract Agreement. See pages 1-54 of the Record of Appeal. Upon receipt of the Respondent's process, the Appellants filed a Notice of Intention to Defend together with an Affidavit showing forth their defence on 6/10/2016. These …