This is an appeal by the defendants/appellants in the Lower Court against the judgment of the Court of Appeal, Lagos delivered on the 18th day of January, 2005 in which the Court below dismissed the defendant/appellants appeal which challenged the competence of the Lagos State High Court to adjudicate on the subject matter of the suit.
This is an appeal by the defendants/appellants in the Lower Court against the judgment of the Court of Appeal, Lagos delivered on the 18th day of January, 2005 in which the Court below dismissed the defendant/appellants appeal which challenged the competence of the Lagos State High Court to adjudicate on the subject matter of the suit.
FACTS BRIELY STATED
At the trial High Court the respondent herein as plaintiff commenced this action in the Lagos State High Court, Lagos on the 20th day of December 1995, seeking the following reliefs:
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1
The sum of N10,000,000.00 (Ten Million Naira) as damages for injury suffered by reason of the libel on the plaintiffs "CHARZIN' ball point pens contained in the advertisements the defendants published and caused to be published in the issues of the "vanguard Newspaper" of August 18, 1995, on page 10 and he "Daily Times Newspaper" of November 13, 1995 on page 4.
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2
A perpetual injunction restraining the defendants and each of them whether by themselves or by their servants or agents from further printing, issuing, publishing or circulating or causing to be printed, issued, published or circulated the said libel or any other similar libel affecting the plaintiff.
The appellants, as defendants entered a conditional appearance and thereafter filed a motion on notice praying the Court to strike out the suit on the ground that the Court had no jurisdiction to entertain the action, the action being within the exclusive jurisdiction of the Federal High Court.
Also because the suit constituted an abuse of Court process in that the issues necessary for determination of the suit were subjudice in Suit No. FHC/ L/CS/1182/95: Societe Bic S. A. & Compagnie de Moulages v Charzin Industries Limited & Charles Ezeagwu already pending at the Federal High Court, Lagos.The plaintiff filed a Further Counter-Affidavit and the defendants filed a Further and Better Affidavit. The motion on notice was argued and in a considered Ruling the trial judge decided he had jurisdiction and dismissed the objection of the defendant. Appellants dissatisfied appealed to the Court of Appeal which dismissed the appeal hence the current one to the Supreme Court.
