THE STATE V SQUARDRON LEADER S. I. OLATUNJI
June 17, 2025DR. T. E. A SALUBI V MRS. BENEDIATA E. NWARIAKU
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 03938
In the Supreme Court of Nigeria
Fri Feb 28, 2003
Suit Number: SC. 112/2000
CORAM
M. L. UWAIS JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Dissented)
S. U. ONU JUSTICE, SUPREME COURT
A. I. KATSINA-ALU JUSTICE, SUPREME COURT
A. I. KASTINA-ALU JUSTICE, SUPREME COURT
PARTIES
1. ARJAY LIMITED2. STREAMLINE AVIATION (S.W.) U.K. LTD3. WILLOW JET LIMITED AIR TABERNACLE LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted action in Nigeria over a contract which was entered into in the UK and the defendants are resident outside Nigeria. ?
HELD
The court found merit in this appeal and accordingly allow it. ?
ISSUES
Whether there was material upon which the court of appeal could determine the issue of jurisdiction.
RATIONES DECIDENDI
DETERMINANTS OF TERRITORIAL JURISDICTION IN CONTRACT MATTERS
Territorial jurisdiction of a Court can be determined by the following:
(a) Where the contract in question is made.
(b) Where the contract is to be performed
(c) Where the defendant resides – Onu J.S.C.
PLEADINGS-PARTIES AND THE COURT ARE BOUND BY THEIR PLEADINGS
It is now well settled that parties are bound by their pleadings and a plaintiff will be held to a case he has put forward in his writ of summons and pleadings. Per S.U. Onu J.S.C
DIFFERENCE BETWEEN OBJECTION TO THE JURISDICTION OF THE COURT AND DEMURRER PROCEEDINGS
An objection to the jurisdiction of the Court can be raised at any time, even when there are no pleadings filed and a party raising such an objection need not bring the application under any rule of court, it can be brought under the inherent jurisdiction of the court- – Onu J.S.C.
CASES CITED
ATTORNEY GENERAL OF KWARA STATE V. OLAWALE (1993)1 NWLR (PART 272) 645 at 674 Egbo V. Laguma (1988)3 NWLR (Part 80)109 at 126 – 127; I.K.Martins Nig. Ltd. V. UPL (1992)1 NWLR (part 217)322 at 331 and Lanleyin V. Rufai (1959) 4 FSC 184?
STATUTES REFERRED TO
NONE ?
