judy.legal
Login Register

ADESUPO ADETONA v. ITA EDET & ORS

(2000) JELR 43962 (CA)

Court of Appeal  •  CA/L/252/99  •  7 Feb 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Lead Ruling): The Appellant is the Applicant and prays for an order staying further proceedings in Suit No. LD/17/98 pending at the Lagos High Court before Rhodes- Vivour J.

Before the lower Court, the Appellant/Applicant was the 2nd Defendant. He brought an application jointly with the 1st Defendant, Newspin Limited that the suit by the plaintiff/Respondents be dismissed on the ground that the statement of claim filed disclosed no reasonable cause of action. Alternatively, they asked that their names be struck out from the suit.

On 28/5/98,Rhodes- Vivour J, in a considered ruling refused the application. The Applicant was dissatisfied with the ruling. He brought an appeal against it on three grounds of appeal. The grounds of appeal without their particulars read: "3.1 The learned trial Judge erred in law held that a cause of action is clearly established against 2nd Defendant/Appellant but failed to identify or refer to specific averments of the stat…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login