Panalpina World Transport Holding Ag V. Ceddi Corporation Limited & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling (“Judgment”) of Ipaye J. of the High court of Lagos State delivered on the 30th day of October, 2009 dismissing the Appellant’s Notice of Preliminary Objection challenging the jurisdiction of the court to hear and determine the suit. The 1st Respondent (as claimant) instituted an action on the 17th September, 2008 at the High Court of Lagos State and claimed as per its writ of summons and statement of claim against the Appellant (1st Defendant) and one other as follows: –

A. An order of perpetual injunction restraining the 1st Defendant from transferring, disposing, selling or alienating in any way the claimant’s property situate at No. 4 Creek Road, Apapa, Lagos more particularly described as Plot 1145 Creek Road, Parcel No. 1145 on the Lagos Land Registry General Map to the 2nd Defendant or any third party without first obtaining its consent in writing as stipulated by clause 2 (vii) of the Deed of Sub-lease dated 01/09/92.

B. An order of court restraining the 2nd Defendant from entering or using the claimant’s property in any way without the consent or authorization of the claimant.

C. Damages in the sum of N10, 000.000.00 (sic) (Ten Million Naira).”

On the 18th day of September, 2008 the 1st Respondent commenced the process for serving the Appellant (as 1st Defendant) in Switzerland through diplomatic channel as required by the Rules. The Appellant (1st Defendant) entered a conditional appearance on 26th September, 2008.

on the 11th day of February, 2009 the Appellant filed a Notice of Preliminary Objection challenging service of the originating process.

The objection is at page 252 of the Record of Appeal. For clarity I will reproduce the objection hereunder: -”

NOTICE OF PRELIMINARY OBJECTION TO THE JURISDICTION OF THIS COURT

TAKE NOTICE that 1st Defendant/Applicant do hereby raises a preliminary objection to the jurisdiction of this Honourable court to hear this matter on the following grounds.

GROUNDS

The Honourable court lacks the jurisdiction to hear this case.

PARTICULARS

i. The court processes filed in this suit have not been served on the 1st Defendant/Applicant in line with the provisions of the rule of this Honourable court.