Federal Housing Authority V. Peter Oteh (2009)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, JCA

This is an appeal against the Ruling of the Federal Capital Territory High Court, Abuja in Suit No. FCT/HC/CV/358/04 – PETER OTEH (In business as Peter Oteh & Company) v. FEDERAL HOUSING AUTHORITY delivered on the 25th day of May 2004.

According to the endorsement on the Writ of Summons, the Plaintiff now Respondent sued the Defendant now Appellant for the following reliefs:-

“(1) The sum of N366,141.22K being outstanding balance/debt due to the Plaintiff from the Defendant on payment Certificate No. 03, on account of executed contract.

(2) 21% interest on the said sum from November 1997 till Judgment is entered.

(3) 10% interest on the Judgment sum from the date of Judgment till the sum is liquidated.”

At the lower Court, the Appellant brought an application to strike out the suit for lack of jurisdiction by virtue of Section 251(1)(p) of the 1999 Constitution of the Federal Republic of Nigeria.

The learned trial Judge after hearing the application on the issue of lack of jurisdiction struck it out and assumed jurisdiction in the matter.

Dissatisfied with the Ruling, the Appellant now appealed to this Court.

The learned Counsel for the Appellant formulated two issues for determination as follows:-

(1) Whether the lower Court (i.e. The Federal Capital Territory High Court of Justice) has jurisdiction to entertain this matter (i.e. Suit No. FCT/HC/CV/358/04?

(2) Whether the Plaintiff’s cause of action and/or claim was not statute barred?

At the hearing, Learned Counsel for the Appellant stated that the application to hear this appeal on the Appellant’s brief alone was granted on 16th day of October 2008, because the Respondent has failed to file Respondent’s brief of argument He then adopted the said Appellant’s brief and relied on it in urging this Court to allow the appeal.

Issue 1