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Facts:
The respondent alleged that the appellant is indebted to it to the tune of N5, 325, 000.00 (Five Million Three Hundred and Twenty Five Thousand Naira) and that the sum remained unpaid after repeated demands were made to the appellant. The respondent therefore, filed a petition at the Federal High Court, Lagos Division for the winding up of the appellant. Upon being served with the petition, the appellant filed a notice of preliminary objection challenging the jurisdiction of the court on the ground that the originating process was invalid having been served outside jurisdiction without the required endorsements in violation of the Sheriff and Civil Process Act.
The Federal High Court dismissed the preliminary objection after hearing the parties. The appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Lagos Division praying the court to set aside the ruling of the trial court.
The sole issue formulated for determination was whether the lower court was right to strike out the appellant’s preliminary objection and assume jurisdiction when the respondent had failed to fulfil the conditions precedent to the lower court’s jurisdiction over the matter.