CORAM
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)
KUMAJ BAYANG AKAAHS JUSTICE, SUPREME COURT
PARTIES
1. KRAUS THOMPSON ORGANISATION LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant commenced action for breach of contract against the respondent in Lagos where the respondent had a liaison office. The contract was met to be performed in calabar
HELD
The court held that a University ‘resides’ at its main campus thus an action for breach of contract against it can only be commenced in the state High Court where it resides.
ISSUES
Whether the finding of the Court of Appeal that the lower court had reached a finding of fact to the effect that the defendant/appellant/respondent does not reside within the jurisdiction of the Court i.e Lagos State which the plaintiff/respondent/appellant has not appealed against was based on any specific issues submitted to the Court for determination and if the answer to the issue is no, whether the Court could rule or seek an issue without inviting the parties and or their counsel to address the Court on such an issue.
RATIONES DECIDENDI
CASES CITED
Watkins vs. scottish imperial insurance co. (1889) 23 qbd 285Unit construction company ltd vs. bullock (1960) a.c. 351.Okafor vs. ezenwa (2002) 13 nwlr (pt. 784) 319
STATUTES REFERRED TO
None.