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  • Kwame vs. Sucre Export London Ltd.
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  • 2003-12-22
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Kwame vs. Sucre Export London Ltd.

MR. SUNNY KWAME

V

SUCRE EXPORT LONDON LIMITED

COURT OF APPEAL

( LAGOS DIVISION )

GEORGE A.OGUNTADE, JCA ( Presided and Read the Lead Judgment )

PLUS OLAYIWOLA ADEREMI, JCA

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA

CA/L/386/2000

WEDNESDAY, 17TH JULY, 2002

COMMERCIAL LAW - Foreign company engaging in business transaction in Nigeria - When amounts to trading in Nigeria

COMPANY LAW - Foreign company - Business transaction thereby in Nigeria - When amounts to trading in Nigeria

PRACTICE AND PROCEDURE - Writ of summons - Reliefs claimed therein - Consideration thereof when same has been modified on the statement of claim - Whether led to a miscarriage of justice in the instant case

Issues:

1.              Whether from the statement of claim in this matter the nature of business carried on in Nigeria by the respondent to obtain the necessary statutory permit and register and establish an enterprise in Nigeria before competence to bring this action can vest in the respondent. In other words, does the respondent have locus standi to bring this action.

2.              Whether from the nature of the respondent’s claim as contained in the statement of claim the court in Nigeria has jurisdiction to adjudicate as the respondent’s suit since the respondent being a foreigner does not have the necessary statutory business permit and did not register and establish an enterprise

                     Kwame vs. Sucre Export London Ltd.                                        637 to enable the respondent to trade in Nigeria.

3.              Whether the learned trial Judge was right to have based his ruling on the indorsement on the writ of summons filed on 12/ 12 /99 when a statement of claim dated 22/2/2000 was the basis of the motion on notice dated 31/3/2000.

4.              Whether the issues raised in the respondent’s statement of claim dated 22/2/2000 do not in the main involve issues of ownership of shares, management and control of a limited liability company and admiralty claim so as to confer jurisdiction exclusively on the Federal High Court.

Facts:

The respondent herein commenced this suit as plaintiff before the Lagos High Court claiming some reliefs against the appellant as defendant. Subsequently, the defendant filed an application praying the trial court to dismiss the plaintiff’s claim on the ground that plaintiff lacks the competence to institute the action being a foreign company and not registered with Nigerian Investment Promotion Commission. After hearing argument of counsel on the application, the trial court dismissed the application. Dissatisfied, defendant appealed to the Court of Appeal