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AIMS FOODS LIMITED v. OLUFEMI FADEYI

(2020) JELR 87199 (CA)

Court of Appeal  •  CA/L/1007/18  •  6 Feb 2020  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA JOSEPH SHAGBAOR IKYEGH JCA TIJJANI ABUBAKAR JCA

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): On the 7th June, 2018, the High Court Lagos State, Ikeja Division (Lower Court) granted the Respondent's motion of 9th November, 2016 for summary judgment against the Appellant, who being dissatisfied therewith, brought this appeal vide the Notice of Appeal dated the same date; i.e. the 7th June, 2018, on three (3) grounds.

In the Appellant's brief filed on 30th August, 2018, an issue was formulated from each of the grounds for determination in the appeal as follows: -

1. Whether the refusal of the lower Court to hear and determine the Appellant's motion on notice dated the 4th of April, 2017 before giving its judgment is not a denial of the Appellant's Fundamental Right to fair hearing guaranteed by Section 36 of the Constitution. (Distilled from Ground 3).
2. Having regard to the claim of the Respondent for interest, whether the lower Court was right in granting his motion on notice dated 9th November, 2016 for summary jud…

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