CaseLaw
Soeson Ltd V. Afribank Nig. Plc (2000) CLR 4(o) (CA)
Brief
Facts
Appellant and respondent had executed a deed of debenture as mortgagor and mortgagee. Appellant sued respondent claiming that the latter had breached the terms of the deed and thereby claimed general damages for the breach, recession of the deed and release of the certificate of occupancy in respect of the appellant's property, which had been kept with the respondent as collateral.
Appellant did not make mention of any debt in the action but the respondent pleaded that the appellant was owing it a certain sum and it counter-claimed for the said sum.
While the suit was pending, respondent filed a petition praying the Federal High Court to wind-up the appellant company. Appellant then applied to the Federal High Court stating that the FHC lacked jurisdiction to entertain the suit as the subject matter of the suit was before the State High Court.
The court dismissed the prayers on jurisdiction as well as refusing the other prayers conditionally.
Dissatisfied, appellant appealed to the Court of' Appeal.