NATIONAL BANK OF (NIG) LTD. & ANOR V JOHN AKINKUNMI SHOYOYE & ANOR

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