Judgment
MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Uyo Judicial Division, Akwa Ibom State, Coram Hon. Justice I. M. Sani, delivered on 25th of May, 2018 dismissing the appellants’ notice of preliminary objection challenging the jurisdiction of the trial Court to entertain the suit. The respondents as plaintiffs before the trial Court took out a writ of summons and statement of claim filed on 12/5/2017 claiming declaratory and injunctive reliefs against the defendants jointly and severally.
Upon being served with the originating processes, the defendants now appellants filed a notice of preliminary objection praying the Court to dismiss the suit for want of jurisdiction on the grounds inter alia, that the suit is statute barred and that no reasonable cause of action was disclosed against the 2nd appellant herein.
After hearing parties on their respective affidavit evidence, learned trial Judge found that the respondents’ claim disclosed a reasonable cause of action against the appellants and that since the alleged infraction is ongoing, it cannot be defeated by a plea of limitation of time. Consequently, the preliminary objection was dismissed by the trial Court. Dissatisfied, appellants appealed to this Court through a notice of appeal filed on 7/8/2018 containing six (6) grounds of appeal.
In arguing this appeal, the learned counsel for the appellants formulated three (3) issues for determination thus:- 1. Whether, from a consideration of the entire facts and circumstances of the suit before the lower Court, the suit was not statute-barred and the cause of action completely extinguished pursuant to the provisions of Section 16 of the Limitation Law, Cap 78, Laws of Akwa Ibom State of Nigeria, thereby robbing the lower Court of the jurisdiction to entertain same? 2.
Without prejudice to issue 1 above, was the lower Court seised with jurisdiction to entertain the substantive suit against the 2nd appellant given the fact that the appellant as acknowledged by the respondents’ originating processes, is a foreign company that is domiciled outside the territory of the Federal Republic of Nigeria and has no presence or business whatsoever in Nigeria? 3.
