CORAM

AMINA AUDI WAMBAI

CHIDI NWAOMA UWA

U. MOHAMMED

CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.

A. I. IGUH

PARTIES

BANK OF IRELAND APPELLANTS

UNION BANK OF NIGERIA LTD

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The plaintiff company in 1991 entered into a contract with another company in Ireland (Kings Court Ltd) for the supply of product for which it was required to make an advance payment. It approached its bankers, the defendant herein who in line with the prevailing rules of the Central Bank of Nigeria obtained necessary guarantee from the Bank of Ireland, the 3rd party. The foreign currency was thereafter remitted by the defendant through the 3rd party to be paid over to the ultimate beneficiary, the Kings court Ltd.

HELD

The court upheld the concurrent judgment of the two lower courts, appeal was therefore dismissed.

ISSUES

1. Whether the third party is properly before the Edo State High Court and whether that court has jurisdiction. 2. Whether the third party notice was properly issued and served on the appellant and if not, whether it should have been set aside. 3. Whether the fact of entry of appearance would deprive the appellant of the right to challenge the court’s jurisdiction.

RATIONES DECIDENDI

CASES CITED

National Bank of Nigeria Ltd. v. Shoyoye (1977) 5 S.C. 181.|(Benecke v. Frost(1876) I QBD 419).|(Union Batik v. Edionseri (1988) 2 NWLR (Pt.74) 93).|Ezomo v. Ocakhire (1985) 1 NWLR (Pt.2) 195;|Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt.109) 250).

STATUTES REFERRED TO

Bendel State High Court (Civil Procedure) Rules, 1988,|Sheriffs and Civil Process Act Cap. 189 of the Laws of the Federation of Nigeria, 1958|

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