Bredero Nigeria Limited V. Shyantor Nigeria Limited & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of the Federal Capital Territory, Abuja, presided by Hon. Justice D. Z. Senchi, delivered on the 11th of October, 2010; dissatisfied the appellant appealed by amended Notice of Appeal filed on the 23rd of February 2012 and deemed properly filed on the 10th of December, 2012 on 15 grounds.

The grounds without the particulars are as follows:

GROUND ONE:

The learned trial judge erred in law when he assumed jurisdiction to entertain the suit which was an abuse of the process of Court because the subject matter is res judicata in view of the final decision of the Federal High Court Yenagoa Division in the Suit No:FHC/YNG/CS/465/2003 made on the 28rh day of July, 2006 and Appeal Nor CA/pHl14612008 pending before the Court of Appeal in Port Harcourt.

GROUND TWO:

The learned trial judge erred in law when he assumed jurisdiction to hear and determine the present suit even when it is clear that the Court lacks jurisdiction as a result of the pending appeal at the Court of Appeal, Port Harcourt (Appeal No:

CA/PH/146/2008) against the final decision in Suit No:FHC/YNG/CS/465/2003.

GROUND THREE:

The learned trial judge erred in law when he held at page 32 lines 25-27, “service on one Peter Ter, whose identity is not known even thought the plaintiff has not disowned him, for Exhibit 13, 13(a) and 13(b), the peter Ter is not within the contemplation of Section 44(d) of the Land Use Act” when:-

a) Parties did not plead relevant facts relating to the mode of service of the Notice of Revocation on which the learned trial Judge applied the provision of Section 44(4) of the Land Use Act.

b) The plaintiff did not plead facts which brought its case within on an issue not formulated on the pleadings before the Court.

GROUND FOUR:

The learned trial judge erred in law when he held that service on Peter Ter, a staff of the Respondent Company at the office of the company is not proper service.