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Leadway Assurance Co. Ltd v. Zeco Nigeria Ltd
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1 × ₦300
₦300
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Facts:
In 2008, the respondent sued the appellant at the Federal High Court Lagos for several reliefs. The respondent sought among other reliefs an order directing the appellant to pay to it the sum of N60,000,000.00 (Sixty Million Naira) being loss of revenue alleged to have accrued to the respondent from the advertising contract with another party, Nigeria Breweries Plc.
The appellant, upon being served with the originating processes, filed a notice of preliminary objection on the ground that the Federal High Court lacked the requisite jurisdiction to entertain the matter. After hearing parties on the notice of preliminary objection, the trial court ruled in favour of the appellant and held that it lacked jurisdiction to hear and determine the matter. Pursuant to section 22 of the Federal High Court Act, the trial judge transferred the matter to the Lagos State High Court. Consequently, the Lagos State High Court issued a suit number to the matter and caused it to be served on the appellant.
The trial judge ordered the respondent to file Pre-trial forms after the appellant failed to file its process after several adjournments. A few days to the date of hearing, the appellant filed a preliminary objection challenging the jurisdiction of the court to hear and determine the matter on the ground that the matter was not properly commenced in accordance with the Lagos State Civil Procedure Rules. The trial court dismissed the application after hearing both parties. The appellant became aggrieved and filed a notice of appeal at the Court of Appeal, Lagos Division.