N.B.N. & ANOR. V. SHOYOYE & ANOR

• Pages: 301-308

301

NIGERIAN SUPREME COURT CASES [1977] N

.

S

.

C

.

C

.

N.B.N. &

/&NOR.

V. SHOYOYE &

ANOR.

1,

NATIONAL BANK (NIG.) LIMITED

APPELLANTS

2.

WESTERN NIGERIA MARKETING BOARD

V

,

0

1.

JOHN AKINWUNMl SHOYOYE

RESPONDENTS

2.

JUSTUS ADEOYE AKINKUNMI

SUIT NO. SC 312/1975

15

ALEXANDER

,

SUPREME COURT OF

C.J.N.

NIGERIA

SOWEMIMO

,

J.S.C.

IDIGBE,

J.S.C.

OBASEKI,

J.S.C.

27th May, 1977

Χοµµερχιαλ Λαω − Χοντραχτ − Οϖερδραφτ − Ασσιγνµεντ οφ οϖερδραφτ − ϑυρισδιχτιον

− Ιµπροπερ ϖενυε βεφορε εϖιδενχε.

Χιϖιλ Αχτιον − Πραχτιχε ανδ Προχεδυρε −ϑυρισδιχτιον οφ Ωεστερν Στατε Ηιγη Χουρτ

25

ιν συιτ φορ παψµεντ οφ δεβτ.

1. Whether the High Court of Western State has jurisdiction in an action for

ISSUE:

payment of debt, where both parties are resident within the Western State.

FACTS:

30

The 1st appellant granted an overdraft to the respondents in Lagos to operate

their business as produce licensed buying agent for the 2nd appellant whose head

office is at Ibadan. The respondents defaulted in payment of the overdraft and

with their consent the 1st appellant assigned the debt to the 2nd appellant. The re-

spondents entered into an arrangement for the payment of the debt to the 2nd ab-

35

pellant but they could not and did not pay any part of it.

A summons was then taken out by the appellants for service on the respond

−

ents at their address in Ifo. They were served in Lagos and the statement of claim

filed later was addressed for service on them in Lagos. A statement of defence

transversing the averments was filed but no plea as to jurisdiction was raised there-

40

in.

At the hearing, the defendants' Counsel objected to the hearing on the ground

that the High Court of the Western State at Abeokuta had no jurisdiction because

the defendants reside and were served in Lagos. The objection was overruled.

The defendants appealed to the Western State Court of Appeal who allowed the

45

appeal and struck out the action. The plaintiffs appealed to the Supreme Court.

1. The combined effect of Sections 8 and 9 of the High Court Law of Western

HELD:

State is to give the High Court unlimited powers to hear and determine causes

and matters brought before it anywhere in the Western State only. Jurisdiction

50

to hear and determine causes and matters outside the Western State is not

conferred on it.

20