By a writ of summons in suit No. K/427/93 dated 23rd August, 1993 the respondent as plaintiff claimed against the appellant as debt the sum of N24,014.50k before kano high court. The debt was alleged to have arisen from certain transaction between the parties.

The appellant also made a counter-claim and in its statement of defence the appellant sought a declaration that it was only indebted to the respondent in the sum of N11,814,940.87 and no more. Based on this and upon a motion on notice by the respondent, part judgment entered for the amount admitted in favour of the respondent. Later it was discovered that the majority shareholders of the appellant company who were of Lebanese origin had fled the country. Consequently, the Nigerian minority shareholders took over control of the company and instructed their solicitor to introduce a fresh action to set the part judgment given against the appellant on the ground of fraud. The new writ was given No L/987/94. Sequel to this the respondent filed an application dated the 3rd of October, 1994 asking the court to strike out the new suit on the ground that it was abuse of court process. The trial court suo motu raised the issue of whether it had jurisdiction to hear the suit. Both sides addressed the court on this point and in a ruling delivered on the 4th of April, 1996 and the trial court struck out the suit for want of jurisdiction. It is against this ruling that the appellant has appealed to this court.