Cap A9 Laws of the Federation of Nigeria 2004, Article 17 of the
International
Covenant
on
Civil
and
Political
Rights
and
the
Universal Declaration on Human Rights.
The Plaintiff in addition filed an application for expedited hearing on
the grounds that his health has been deteriorating since July, 2015 when
he was
scheduled to urgently meet with his Doctor in London to
undergo necessary surgical operations. The application was heard and
granted.
The Defendant having failed to file a defense, the Plaintiff brought an
application for default judgment. Subsequently the Defendant filed a
motion for extension of time in which they file their Defense and
Preliminary
Objection
out of time.
In the light of the Defendant
application for extension of time to file their defense, the Plaintiff
withdrew the application for default judgment which
was struck out
by the Court. The Defendant application for extension of time to file
their defense and Preliminary Objection was moved and granted.
The Defendant then filed a Preliminary Objection to the jurisdiction of
the Court to entertain the suit on grounds that the action was founded
on contempt of the orders of Nigerian Court and that a similar action is
pending before the Nigerian Court.
The Preliminary Objection was argued and the Court ruled that it has jurisdiction
and dismissed the Application.
11