MISS NKEMDIRIM AGBOTI V. MR. EMMANUEL A. BALOGUN, DR. MOBOLANLE R. BALOGUN, BRITISH AMERICAN TOBACCO STAFF MULTIPURPOSE COOPERATIVE SOCIETY LIMITED

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal arose from the decision of the High Court of Justice of Lagos State (the Court below) dismissing the appellant’s preliminary objection to the substantive action.

In outline, the 1st – 2nd respondents filed an action at the Court below against the appellant as the 2nd defendant and the 3rd respondent as the 1st defendant (later joined in the case as the 3rd respondent by order of the Court dated 01.11.16) for breach of contract upon which the appellant raised and argued a preliminary objection to the action that it did not disclose a reasonable cause of action in that by novation of the contract the appellant was released or discharged from liability.

The Court below heard arguments for and against the preliminary objection and ruled that reasonable cause of action was disclosed in the action filed by the 1st – 2nd respondents against the appellant.

​Aggrieved by the decision, the appellant filed a notice of appe…