CORAM

PARTIES

COTECNA INTERNATIONAL LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appeal and the cross-appeal originated from a contract of sale transaction between the 1st respondent as the seller and the 2nd and 3rd respondents as the buyers. In the transaction, the 2nd and 3rd respondents bought crumb rubber processing machinery from the 1st respondent for the purpose of equipping its crumb rubber manufacturing plant. The machinery was sold by the 1st respondent as new and in good quality as to its merchantability and fitness for the purpose it was purchased. The representation made by the 1st respondent turned out to be false which led the 2nd and 3rd respondents instituting an action for damages for breach of contract against the 1st respondent at the Lagos State High Court of Justice. The trial judge dismissed the preliminary objection to its jurisdiction and ruled that it has jurisdiction to entertain and determine the Third Party Proceedings along with the 2nd and 3rd respondents’ action for breach of contract. The appeal by the Third Party/Appellant to the Court of Appeal was also dismissed. The appellant further appealed to the Supreme Court

HELD

The appeal succeeded and was allowed. The cross appeal was dismissed. The judgment of the Court of Appeal was set aside. The third party action pending at the High Court, which has no jurisdiction to entertain it, was struck out.

ISSUES

Whether the High Court of Lagos State had jurisdiction over the Third Party Proceedings brought in the case.Whether the judgment of the Court of Appeal was nullity having been delivered on a date earlier than the adjourned date for its delivery without notice to the appellant.

RATIONES DECIDENDI

CASES CITED

NONE

STATUTES REFERRED TO

NONE

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