May 27, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 01495 In the Supreme Court of Nigeria Fri Apr 3, 2009 Suit Number: SC.121/2003 CORAM PIUS OLAYIWOLE, JUSTICE, SUPREME COURT CHRISTOPHER. M […]
CORAM
PIUS OLAYIWOLE, JUSTICE, SUPREME COURT
CHRISTOPHER. M CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
PARTIES
1. ABIA STATE TRANSPORT CORPORATION
2. THE GOVERNMENT OF ABIA STATE
3. THE ATTORNEY-GENERAL OF ABIA STATE APPELANTS
APPELLANTS
QUORUM CONSORTIUM
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted an action for the sum owed to it by the appellant for services rendered. On the date fixed for hearing, the appellant and counsel were absent which resulted in the trial court entering judgment in favour of the respondent. The appellant’s appeal to the Court of Appeal was dismissed. They have further appealed.
HELD
Appeal dismissed
ISSUES
1.Whether a court process assessed, filed and stamped at the High Court registry, Umuahia, Abia State and transmitted to the High Court registry, Jos, Plateau State where it was stamped received, was properly filed at the High Court of Plateau State. ?
RATIONES DECIDENDI
NOTICE OF INTENTION TO DEFEND MUST BE FILED
For a notice of intention to defend an action under the Undefended List Procedure of the High Court of Plateau State to be valid, the said notice of intention together with the affidavit disclosing a defence on the merit must be duly assessed and filed at the registry of the court. Per ONNOGHEN JSC.
JURISDICTION-HOW DETERMINED
It is settled law, that Jurisdiction is determined by the nature of the Plaintiffs claim before the Court. Per ONNOGHEN JSC.
CASES CITED
Ben Thomas Hotel Ltd v. Sebi Furniture Co. Ltd. (1989) 12 5 NWLR (Pt.123) 523
STATUTES REFERRED TO
Plateau State High Court (Civil Procedure) Rules, 1987