GREGORY GODWIN DABOH & ANOR V THE STATE
August 6, 2025OBI OBEMBE V WEMABOD ESTATES LIMITED
August 6, 2025Legalpedia Citation: (1977-05) Legalpedia (SC) 31317
In the Supreme Court of Nigeria
Fri May 27, 1977
Suit Number: SC. 312/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
ANTHONY IKECHUKWU IGUH, JUSTICE SUPREME COURT.
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
NATIONAL BANK (NIG) LTD
WESTERN NIGERIA MARKETING BOARD
APPELLANTS
JOHN AKINKUNMI SHOYOYE
JUSTUS ADEOYE AKINKUNMI
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-COMMENCEMENT OF ACTION-PROPER PLACE OF ACTION
SUMMARY OF FACTS
The appellant instituted action against the respondent to recover debt where on the respondent objected to the judicial division of the court as the proper place for the action
HELD
The court held that the respondent did not adduce any evidence to establish his objection to the jurisdiction of the court.
ISSUES
Whether the learned trial Justices, erred in their conclusion that the action was wrongly commenced at the Abeokuta Judicial Division when it was the most proximate Judicial Division to the last known place of residence or trading address of the defendant as the institution of the action.
RATIONES DECIDENDI
PROCEDURE FOR DETERMINING JURISDICTION IN CONTRACT CASES
“It is the law that where no payment is expressly or impliedly specified by the contract, the general rule is that the debtors duty (his place of residence notwithstanding) to seek the creditor in order to pay him at his place of business or residence if it is within the country or realm. It is general principle that money is paid to a creditor by a debtor where the creditor is. PER OBASEKI JSC
CASES CITED
1. RAMAGE &ANOR V.WOMACH (1900) 1 QB 114
2. SIR FRANCIS JEUNE IN THE EIDER (1893) PROBATE 119
3. ROBEY V. SNAEFELL MINING CO.(1888) 20 CBD 152
4. ATTORNEY GENERAL FOR TRINIDAD & TOBAGO V. ERICHIE (1893) AC 513
STATUTES REFERRED TO
Not Available
