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ALHAJI (CHIEF) MUNIRUDEEN ADENIRAN BASACOND (NIG.) LIMITED V. ADE-USAT FISHERIES (NIG.) LIMITED

(2009) JELR 53573 (CA)

Court of Appeal  •  CA/I/2/2002  •  15 Dec 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided and Read the Lead Judgment) CHIDI NWAOMA UWA JCA MODUPE FASANMI JCA

Judgement

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the decisions of Oyo State High Court variously delivered on 25 May 2001 and 20 July 2001. The ruling of the court in the earlier decision dismissed the defendants/appellants’ motion at pages 18-20 challenging the jurisdiction of the lower court and is evidenced at pages 24-28 of the record of appeal. The latter ruling however gave judgment in favour of the plaintiff on an undefended list action at  pages 42-47 of the said record. The appellants’ notice of appeal is at pages 54-56 of the record; it is undated and filed 30 August 2001 wherein six grounds of appeal inclusive an omnibus ground were raised. By the leave of this court granted on 29April 2002, the defendants/ appellants also appealed against the interlocutory ruling of 25 May 2001 on the issue of jurisdiction and to argue same in the final appeal and further filed 4 additional grounds of appeal. The plaintiff/respondent’s writ of summons marked undefende…

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