BARRISTER OKEY UZOHO & ORS V. NATIONAL COUNCIL ON PRIVATIZATION & ANOR
June 4, 2025HON. MUYIWA INAKOJU (IBADAN SOUTH EAST) & ORS V HON. ABRAHAM ADEOLU ADELEKE & ORS
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 27196
In the Supreme Court of Nigeria
Fri Jan 12, 2007
Suit Number: SC. 27/2000
CORAM
PARTIES
CAPITAL BANCORP LIMITED APPELLANTS
SHELTER SAVINGS AND LOANS LIMITED RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant in this court instituted an action against the defendants jointly and severally for wilful and wrongful detention of a 60KVA Perkins unused generating set. The plaintiff is a limited liability company doing business of stock broking and finance, the 1st defendant is also a limited liability company and does business of finance, and the 2nd defendant is a creditor of the 1st defendant. The plaintiff and the 1st defendant entered into a finance lease agreement for the sum of N2,700,000.00 disbursed to the 1st defendant for purchase of various equipments amongst which was one unit of 60KVA sound proof Perkins
HELD
The court dismissed the appeal and consequently affirmed the judgment of the Court of Appeal.
ISSUES
Whether the Court of Appeal was right in holding that the Lagos High Court did not have jurisdiction to entertain a claim relating to an alleged seizure and destrain (detinue and conversion) of a property, among other reliefs, which took place at Onitsha, Anambra State irrespective of the fact that all the parties in the case reside in Lagos.
RATIONES DECIDENDI
CASES CITED
A.G. Federation v. A.G. Abia State (2001) 11 NWLR (Pt.725) 689Adebayo v. Ighodalo (1996) 5 NWLR (Pt.450) 501Bello v. Attorney General of Oyo State 1986 5 NWLR (Pt. 45) 828British Bata Shoe Co. Ltd v. Melikian 1956 Vol. 1 NSCC 91
STATUTES REFERRED TO
Section 239 of the Constitution of the 1979Section 236(1) of the ConstitutionOrder 1A Rule 3 of the Lagos State High Court (Civil Procedure) Rules 1972
