The Respondent (hereinafter referred to as the Plaintiff) at the Warri High Court of Delta State brought a suit against the Appellant (hereinafter referred to as the Defendant) for special and general damages arising out of an alleged breach of contract for Ten Million United States Dollars. The parties filed and exchanged pleadings.
The Defendant, after the exchange of pleadings, brought an application praying for the following orders:
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"An order of this Honourable Court setting down for hearing and determination the points of law raised in the Defendant's Statement of Defence particularly paragraphs 15-22.
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2
Based on prayer one above, an order dismissing the Plaintiffs action for disclosing no reasonable cause of action and for being incompetent, frivolous and vexatious in the circumstance.
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3
An order striking out this suit for lack of jurisdiction of this Honourable Court to entertain same."
The grounds relied upon for bringing the application were stated to be these:
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1
"That the matter being an admiralty matter is outside the jurisdiction and competence of this Court to entertain same.
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2
That by virtue of Section 230 (g) and (o) of Decree No. 107 of 1993 and Decree No. 59 of 1991 the matter is within the exclusive jurisdiction of the Federal High Court."
The trial Judge in his ruling on the Defendant's application which was delivered on 31/12/99 reasoned that the Plaintiff's suit disclosed a reasonable cause of action and that the writ of summons and statement of claim showed that the Plaintiff's claim was for a breach of contract and not founded in admiralty.
The Defendant was dissatisfied with the ruling. It brought an appeal before the Court of Appeal, Benin (hereinafter referred to as the Court below). The Court below on 4-4-01 dismissed the appeal. Still dissatisfied, the Defendant has come on a final appeal before this Court.
