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FIRST BANK OF NIGERIA PLC. V KAYODE ABRAHAM

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FIRST BANK OF NIGERIA PLC. V KAYODE ABRAHAM

Legalpedia Citation: (2008-12) Legalpedia (SC) 16411

In the Supreme Court of Nigeria

Fri Dec 19, 2008

Suit Number: SC. 397/2002

CORAM


IBEKWE JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA-ALU) JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR, JUSTICE ,SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT

IBEKWE JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA-ALU) JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT

IBEKWE JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT

IBEKWE JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT


PARTIES


1. FIRST BANK OF NIGERIA PLC APPELLANTS


KAYODE ABRAHAM

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The respondent, a Nigerian who obtained a loan from the appellant’s branch in London was found to be resident and carrying on business in Lagos as at the time the action for recovery of the loan was filed but it claimed that the Lagos State High Court have no jurisdiction to entertain the matter.


HELD


The court held that the Lagos State High Court have jurisdiction to entertain the matter since the respondent is resident and carries on business in Lagos.


ISSUES


1. Whether the trial court (Lagos High Court) has the jurisdiction to entertain the suit.


RATIONES DECIDENDI


CASES CITED


1. Adeyemi & ors v. Opeyori (1976) 9 & 10 S.C.312. The Elder (1893) Probate 1193. National Bank (Nig.) Ltd & Ano. v. Shoyoye & Ano (1977) Reprint 5 S. C. 110


STATUTES REFERRED TO


The High Court of Lagos Civil Procedure Rules 1972


CLICK HERE TO READ FULL JUDGMENT

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