The position of the law has always been that he who asserts must prove. The usual
SAINT GOBAIN PAM S. A. v. INTERNATIONAL CONSULTANTS INCORPORATED
(2015) LPELR-24663(CA)
Principle
JURISDICTION - TERRITORIAL JURISDICTION
- Duty on a defendant who contends the territorial jurisdiction of a Court in an action founded on contract
"A defendant who contends that the forum of the trial Court is not
convenient for the determination of the issue raised on the writ of
Summons must show: (a) That the defendant does not reside in or carry
out business within the geographical area of the Court: (b) That the
cause of action did not arise within the geographical area of the Court
and; (c) That the contract is not to be performed within the
geographical area of the Court. The onus is on the defendant to
establish all these; Arjay Limited v. Airline Management Support Ltd
(supra)." Per ONYEKACHI AJA OTISI, JCA (Pp 60 - 60 Paras A - C)
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