Before Their Lordships
AHMAD OLAREWAJU BELGOREJustice of The Court of Appeal of Nigeria
FATIMA OMORO AKINBAMIJustice of The Court of Appeal of Nigeria
PAUL OBI ELECHIJustice of The Court of Appeal of Nigeria
AND
IBRAHIM YERIMA ABDULLAHI Respondent
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AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Bauchi State High Court of Justice (hereinafter referred to as “The Lower Court”), contained in the ruling of Honourable Justice S. I. Zadawa (hereinafter referred to as “The Learned Trial Judge”), delivered on the 22nd day of December, 2016 in the Suit No. BA/165/2016. The Appellant herein was the plaintiff, while the Respondent was the defendant, before the lower Court.
By a writ of summons filed by the Appellant on the 8th day of September, 2016 and marked by the lower Court on the 15th day of September, 2016 as “undefended List”, the Respondent was sued for the recovery of a loan of N30,000,000.00 (Thirty Million Naira) granted to the Respondent by the Appellant. The writ of summons was supported by an 8-paragraph affidavit deposing to the circumstances leading to the alleged loan and its disbursement in three installments and stating that to the best belief of the deponent, the Respondent had no defence to the Court action.
When the writ of summons was served on the Respondent, he caused his Counsel to file a memorandum of conditional appearance together with notice of intention to defend, which was filed on the 14th day of October, 2016 along with a written address. On the same date, the Respondent filed notice of preliminary objection to the suit, on ground of jurisdiction, together with a written address.
On the 19th day of October, 2016, the Appellant deposed to a counter affidavit accompanied by a written address in opposition to the notice of preliminary objection. Upon being served with the counter affidavit, the Respondent deposed to a further affidavit on the 24th day of October, 2016.
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Learned Counsel for the parties adopted their respective addresses on the 25th day of October, 2016 and the matter was adjourned to the 22nd day of December, 2016 when ruling was delivered by the learned trial Judge, striking out the suit, on the ground that he lacked the jurisdiction to entertain and determine the suit.
