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ACCESS BANK PLC v. AGEGE LOCAL GOVERNMENT & ANOR

(2016) JELR 36910 (CA)

Court of Appeal  •  CA/L/649/2014  •  17 May 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the consolidated ruling of the Lagos State High Court delivered by HON. JUSTICE OBADINA J, on the 8th day of April, 2014 dismissing the Appellant's Notice of Preliminary Objection challenging the jurisdiction of the trial Court to entertain the suit and granting the Respondent's motion for the amendment of their originating processes dated 23rd December, 2013. Dissatisfied with the ruling, the Appellant filed a Notice of Appeal dated 22nd April, 2014 setting out 3 grounds of appeal.

Brief background facts are that the Respondents instituted a suit by way of writ of summons and other originating processes against the Appellant in the name of Agege Local Government and Chairman, Agege Local Government seeking several reliefs against the Appellant.

The Appellant filed a Notice of Preliminary Objection before the trial Court and prayed for the following:

1. An order dismissing or striking out in its ent…

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