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ZEROCK CONSTRUCTION NIGERIA LTD V. FAPLIN (NIG) LTD

(2022) JELR 110168 (CA)

Court of Appeal  •  CA/A/1156/2018  •  23 Mar 2022  •  Nigeria

Coram
Peter Olabisi Ige JCA Biobele Abraham Georgewill JCA Danlami Zama Senchi JCA

Appearances
Emmanuel Akuma, Esq. for the Appellant; Felix D. Esume, Esq.with him, B. C. Ukunebe, Esq. for the Respondents.

Judgement

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Federal Capital Territory, Abuja, Coram: Jude O. Okeke J., in Suit No. FCT/HC/CV/1715/2016: Faplin Nig. Ltd v. Zerock Construction Nigeria Ltd delivered on 10/12/2018, in which the Application by the Appellant challenging the competence of the Respondent’s suit was upheld in part for lack of jurisdiction but the prayer seeking to strike out the Respondent’s suit against the Appellant was refused and the said suit was transferred to the High Court of Rivers State. 

The Appellant was peeved by the said ruling and had appealed against it vide its Notice of Appeal filed on 13/12/2018 on four grounds of appeal. See pages 121-124 of the Record of Appeal. The Record of Appeal was duly compiled and transmitted to this Court on 21/12/2018 but however, it was deemed as properly compiled and transmitted on 9/2/2022. With the leave of this Court the Appellant filed an Ame…

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