Disable Preloader

CaseLaw

C.B.C.L. Nig. Ltd. V. Union Bank of Nig. Plc (2005) CLR 7(n) (CA)

Judgement delivered on July 5th 2005

Brief

  • Jurisdiction
  • Brief of argument

Facts

The appellant filed this appeal after the order to transfer Suit No. LD/1943/93 to the Federal High Court by Rhodes-Vivour J. (as he then was) of the High Court of Lagos State; after upholding the preliminary objection of the defendant that he lacked jurisdiction to entertain the suit and instead of striking out the matter proceeded under section 22(3) of the Federal High Court Act Cap.134 Laws of the Federation of Nigeria 1990 to transfer it to the Federal High Court.

The plaintiff/appellant took out a Writ of Summons against the defendant/ respondent in the High Court of Lagos State claiming the following reliefs:-

  • 1
    A Declaration that the plaintiff is entitled to a refund from the defendant of the sum of N522,896.90 (Five hundred and twenty-two thousand, eight hundred and ninety-six Naira, ninety kobo)being the total amount lost by the plaintiff on two spurious cheques wrongly collected as the collecting bank by the defendant from its customer Mutunci Company Nigeria Limited and presented for clearing at the Lagos Clearing House contrary to the provision of Clause 10(b) of the Clearing House Rules of 14/1 /87 (which rules are binding on both parties as subscribers) and that the said sum is due and owing by the defendant to the plaintiff from the 18/4/91.
  • 2
    An order of the honourable court directing the defendant to pay upon judgment to the plaintiff the sum of Ndc522,896.90 (Five hundred and twenty-two thousand, eight hundred and ninety-six Naira, ninety kobo) together with interest on the said sum at the rate of 21% per annum from 18/4/91 until the said sum of #522,896.90 (Five hundred and twenty-two thousand, eight hundred and ninety-six Naira, ninety kobo) and interest thereon is fully paid to the plaintiff.

The Statement of Claim dated 21/6/93 was served on the defendant who failed to file the Statement of Defence despite filling a memorandum of appearance. Because of default by the defendant to file Statement of Defence the plaintiff brought a Motion for Judgment dated 6th May, 1994. The defendant reacted by filing a Preliminary Objection dated 30th May 1994 praying the court to strike out the suit or transfer it to the Federal High Court as the State High Court lacked jurisdiction to entertain the case since the matter concerned the Bank and Banking. Arguments on the Preliminary Objection were taken and the learned trial Judge, Rhodes-Vivour J. (as he then was) upheld the preliminary objection and declined jurisdiction to entertain the suit. He then invoked the provision of

Read More