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Michael v. Mima Project Ventures Ltd

1. M/S MARGRET HAUWA MICHAEL

2. HAWAD INTERNATIONAL SCHOOLS LTD.

V

MIMA PROJECTS VENTURES LTD.

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided )

MAHMUD MOHAMMED, JCA ( Read the Lead Judgment )

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/219/2000

THURSDAY, 18TH OCTOBER, 2001

COURT - Abuse of process of court - What amount thereto

JURISDICTION - Jurisdiction of court - What determines

PRACTICE AND PROCEDURE - Application - Application to set aside auction sale - When appropriate to bring

PRACTICE AND PROCEDURE - Originating summons - When appropriate to use

PRACTICE AND PROCEDURE - Originating summons and writ of summons - Distinction between

STATUTE - Unchallenged statutory prescription - Attitude of court

WORDS AND PHRASES - ‘Originating summons’ - Meaning of

Issue:

Whether the trial Judge erred in law in refusing the application of the defendants that an order for pleadings be made in the matter or the suit be struck out for being unsuitable for hearing on an originating summons.

Facts:

The respondent as plaintiff by originating summons filed at the High Court of Justice of Kaduna State sought against the defendant/appellants possession of the entire premises known as Hawad International School Ltd., Barnawa, GRA, Kaduna.

By an oral application, the defendants/appellants counsel raised preliminary objection on the grounds that in view of the parties conflicting affidavits, the matter ought not to be brought by originating summons.

After listening to the arguments of the counsels for the parties, the learned trial Judge in his ruling dismissed the preliminary objection. Being displeased with the said ruling the defendants/appellants brought this appeal.