CaseLaw
Sun Ins. Nig.Plc. Vs. Umez Engineering Const. Co. Ltd (2015) CLR 6(d) (SC)
Judgement delivered on June 5th 2015
Brief
Facts
The dispute between the Parties in this appeal started in the year 2000, when on 31/5/2000, the Respondent as Plaintiff took out a writ of Summons which was accompanied by a statement of claim at the High Court of Justice of Imo State at Owerri, claiming the sum of six Million Naira only (₦6,000,000.00) being the insured value of the vehicle less 5% and general damages for negligence in respect of the loss of its Toyota Land Cruiser Prado Jeep stolen by armed men at No. 6 Orlu Road, Owerri, lmo State and which vehicle was insured with the Appellant, which was the Defendant at the trial High Court.
The Defendant now Appellant, without filing statement of defence, after filing memorandum of appearance on 13/11/2000 and in apparent response to the Motion on Notice for Judgment filed by the Plaintiff at the trial Court, came up with a Notice of Preliminary Objection to the case against it in the following terms:-
"Take Notice that this Honourable Court shall he moved on Wednesday the 28th day of February 2001 at 9 O'clock in the fore noon or so as Counsel for the Defendant/Applicant shall be heard for an order striking out this suit in its entirely for lack of jurisdiction of this Honourable Court on the grounds stated in the schedule herein:-
The Defendant/Applicant shall rely on all Court processes already filed -
SCHEDULE
The facts in support of the Preliminary Objection contained in the affidavit in support, reveals that the Plaintiff insured a Toyota Land Cruiser Prado Jeep in 1998 with the Defendant under an Insurance contract policy cover of third party, fire and theft. It was the case of the Plaintiff on pleadings that the insured vehicle was stolen during the currency of the contract of Insurance on the policy issued to the Defendant. That is to say, the subject of the Plaintiff’s claim was based on insurance contract.
After giving the parties a hearing on the Preliminary Objection, the learned trial Judge in a considered Ruling delivered on 17/7/2002, dismissed the Defendant's Objection and held that the High Court of Imo State was vested with the jurisdiction to entertain the Plaintiffs action. Being dissatisfied with the decision of the trial Court, the Defendant by a Notice of Appeal dated 17/7/2002, the same date the ruling dismissing the Preliminary Objection was given, appealed to the Court of Appeal Port-Harcourt Division against the decision of the trial Court. After hearing the Parties through their respective learned Counsel on the Appellant's and Respondent's briefs of argument, the Court of Appeal in a split Judgment of 2 to 1, dismissed the appeal and affirmed the decision of the trial Court that the claims of the Plaintiff/Respondent was within the jurisdiction of the trial Court. That Judgment of the Court of Appeal was delivered on 3/5/2007.
The Defendant/Appellant was still aggrieved with the Judgment of the Court of Appeal against it and therefore decided to challenge the same through the leave of this Court granted to it on 12/5/2010, resulting in filing a Notice of Appeal containing one ground of appeal giving rise to the sole issue of jurisdiction argued in the Appellant's brief of argument.
Issues
Whether having regard to Section 251(1) and 272 of the Constitution of the...