Geomek Nigeria Limited V. Alhaji Senator Salisu Musa Matori (2002)

LawGlobal-Hub Lead Judgment Report

MURITALA AREMU OKUNOLA, J.C.A.

This is an appeal against the ruling of the High Court Kwara State sitting at Ilorin delivered by FOLAYAN J.

The facts of this case briefly put were as follows:

The Appellant herein as Plaintiff sued the Respondent herein as Defendant at the High Court (hereinafter referred to as the Lower Court).

The Plaintiff (hereinafter called the Appellant) claimed in his Writ of Summons a sum of Twenty seven million six hundred and seventeen thousand and fifty two Naira, fourteen kobo (N27, 617,052.14k) being debt owed the plaintiff (on the Bauchi State Government water project awarded to the Plaintiff but executed by the Defendant) which debt the defendant has refused, failed and neglected to pay despite repeated demands.” (See page 2 of the records).

The application for issuance and service of the writ outside jurisdiction was made and granted and the Respondent was served at Abuja where he is normally resident and doing business.

The Appellant filed and served his statement of claim and the Defendant filed his statement of defence and, indeed, counter claimed. The appellant filed a reply and defence to the statement of defence and counter-claim (please, see pages 7-11 and 12-13 ,of the records).

The appellant’s Managing Director gave evidence as PW1 and the case was adjourned for cross examination. On 7th October, 1999 the defendant changed his counsel. The new counsel instead of continuing trial and cross examination filed a notice of preliminary objection challenging the jurisdiction of the State High Court. (See page 14) to hear and determine the matter.

The learned trial Judge after hearing arguments by defendant’s counsel on the preliminary objection ruled that the claim of the plaintiff was not for a simple debt and therefore struck out the case for lack of jurisdiction.

Dissatisfied with this ruling, the appellant appealed to this Court on four grounds. From these four grounds the appellant formulated an only issue for determination in this appeal with which the Respondent agreed viz:-

“Whether the learned trial Judge was correct when she held that the plaintiff’s claim was more than a claim for debt and that the High Court of Kwara State had no jurisdiction.”

The Respondent also formulated an only issue which but for style in drafting is similar to the one formulated supra by the appellant. This is:

“Whether from the totality of the appellant’s writ of summons, statement of claim and the testimony of PW1, Kwara State High Court has jurisdiction to hear and determine the Suit”

Both learned counsel to the parties filed their respective briefs of arguments on behalf of their clients. On 29/10/2002 when this appeal came up for hearing both learned counsel to the parties addressed and relied on their briefs and went further to address us viva voce to highlight some points. Learned Counsel to the Appellant Mr. Roland Otaru leading O. Babaniyi Esquire adopted and relied on the appellant’s brief filed herein on 4/3/02 and urged the Court to allow the appeal. By way of reply, learned counsel to the Respondent Mr. Garba Hassan adopted and relied on the Respondent’s brief filed herein On 23/5/02 and urged the Court to dismiss the appeal. By way of further reply, the learned counsel to the Appellant said he had nothing to add.