Ken Mclaren & Ors V. James Lloyd Jennings (2002)

LawGlobal-Hub Lead Judgment Report

SALAMI, J.C.A.

The plaintiff, per a writ of summons dated 2nd August, 1996, taken out of Kano State High Court of Justice, is claiming against the defendants, jointly and severally, the sum of N5,000,000 damages for wrongful arrest and unlawful detention in Kano and Abuja.

Parties duly filed and exchanged pleadings. On 1st day of September, 1997, the defendants filed a motion on notice challenging the competence of the court below to hear the action on ground of territorial jurisdiction. Learned trial Judge, after hearing both parties, in a reserved and considered ruling refused the application and held that Kano State High Court was seised of the matter.

The defendants were unhappy with the decision and being aggrieved appealed to this court. Briefs of argument were filed and exchanged. In the respective briefs, only one issue was identified as calling for determination. The two formulations, in my respectful opinion are very similar, if not identical. In the appellant’s brief the issue reads as follows:-

Whether the High Court of Kano State has the jurisdiction to entertain and adjudicate over the plaintiff’s/respondent’s claim against the defendants/appellants who reside in Abuja outside the jurisdiction of the lower court and have objected to the lower court’s jurisdiction.”

On the other hand the respondent framed the issue as follows:

“Whether the plaintiff/respondent’s statement of claim in this suit dated the 2nd August, 1996 discloses a cause of action against the defendants/appellants for false detention or imprisonment in Kano and whether in the circumstances High Court of Justice, Kano State cannot assume or exercise jurisdiction over the same.

Since I am of the view that the issues framed in the respective briefs are identical, the interlocutory appeal can conveniently be argued, considered and determined on either formulations. But the respondent’s identification of issue is more to the point and is for that reason preferred.

At the hearing of the interlocutory appeal, learned counsel for both sides adopted and relied on their respective briefs. In addition oral submissions were made. All would be taken into consideration in the determination of the appeal.

I agree with learned counsel for appellants that the position of the law on the determination of jurisdiction of a court is fairly well settled. Learned counsel for appellants, in the appellant’s brief, submitted that the jurisdiction of a court is determined by recourse to the claim before the court. He however stated that a statement of claim supercedes the writ of summons with the result that if a relief is claimed on the writ but not claimed in the statement of claim, it shall be deemed to have been abandoned. He argued further that, a claim endorsed in a statement of claim which is not in the writ subsists. He in this regard cited the case of Eze v. George (1993) 2 NWLR (Pt. 273) 86, 97.

Learned counsel further argued that respondent in the writ of summons complained about detention in both Kano and Abuja and claimed damages for unlawful arrest and detention but in the statement of claim, which superceded the writ of summons, the respondent at paragraph 20 thereof claimed damages for detention simpliciter. Learned counsel contended that arrest was thus abandoned. Learned counsel therefore further contended that the claim before the court is determined with reference to the relief sought by the plaintiff as formulated in the statement of claim: Okubule v. Oyagbola (1990) 4 NWLR (Pt. 147) 723, 744; A.-G., Anambra State v. A.-G., Federation (1993) 6 NWLR (Pt. 302) 692, 742.

Learned counsel then submitted that the claim for wrongful arrest having been abandoned, the relief sought by the respondent was N5,000,000.00 damages for false and unlawful detention at the Nicon-Noga Hilton Hotel, Abuja. Learned counsel contended that the basis of the cause of action as pleaded in paragraphs 16, 17 and 18 of the statement of claim that the respondent was deprived of his libe11yand kept in custody in Abuja.

Learned counsel submitted that the arrest in Kano did not give the respondent a cause of action for which he could be compensated because second and third appellants did no more than report to the police and that it was in the exercise of the police duties under section 4 of the Police Act that he was arrested- Ezeadukwa v.Maduka (1997) 8 NWLR (Pt. 518) 635, 667.

Learned counsel finally submitted that the relief claimed by the respondent is not in respect of any detention in Kano but for damages suffered as a result of his having been detained in the Nicon-Noga Hilton Hotel, Abuja as his arrest in Kano did not give rise to any actionable wrong, as the second appellant did no more than lodge a report to the police who exercised their power of arrest.