Plaintiff sued the defendant for the sum of N28, 332.05 representing sum balance due to the plaintiff for loading and such services.

Processes were served and the defendant’s address for service indorsed on the Writ of Summons was in Port Harcourt. Defendant’s brought an application under Order 29 Rules 1,2 and 3 of the High Court Rules of Eastern Nigeria Cap 61 applicable to Rivers State praying for the dismissal of the suit for want of jurisdiction of the Port Harcourt Judicial Division of the High Court to entertain the Suit. The trial Judge dismissed the objection whereupon the defendant appealed to the Court of Appeal.