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SEVEN-UP BOTTLING COMPANY PLC V. ABIOLA AND SONS BOTTLING COMPANY LTD. & ANOR

(2001) JELR 19342 (CA)

Court of Appeal  •  CA/IL/112/99  •  21 May 2001  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of S.A. Olagunju, J, (as he then was) of the Kwara State High Court sitting in Ilorin in Suit No. KWS/64/98 delivered on 20th November, 1998 in which he awarded the sum of ₦100,000.00 by way of damages on a motion which sought to dismiss the appellant's suit on grounds of, inter alia, abuse of court process; estoppel per rem judicata etc.

The facts of the case include the following; On the 7th day of May, 1998, the appellant caused a writ of summons to be issued on the respondents in which it claimed the following reliefs:

"1. A declaration that the defendants are not entitled to possession of the factory premises of the plaintiffs occupied since May, 1988 although formally in the name of the first defendant, since there was no claim for possession in Suit No. KWS/122/91 Abiola and Sons Bottling Company Ltd. and Anor. v. First City Merchant Bank Ltd. Ademola Somarin Esq. and Seven-Up Bottling Company…

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