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ALSTHOM S. A. SOCIETE GENERAL BANK V. CHIEF (DR.) OLUSOLA SARAKI

(2000) JELR 50876 (SC)

Supreme Court  •  SC. 120/1996  •  7 Apr 2000  •  Nigeria

Coram
MICHAEL E. OGUNDARE, JSC (Presided) UTHMAN MOHAMMED, JSC ANTHONY I. IGUH, JSC AKINTOLA O. EJIWUNMI, JSC EMMANUEL O. AYOOLA, JSC (Read the Lead Ruling)

Judgement

AYOOLA, JSC: (Delivering the Lead Ruling) This ruling concerns two applications which have been consolidated and heard together. The first is by Alsthom S. A., which was 1st plaintiff (and is so referred to in this ruling) in an action instituted by it and Societe General Bank (“the 2nd plaintiff”) against Chief Dr. Olusola Saraki (“the defendant”), in the High Court of Lagos State. In the first application the 1st plaintiff sought, in the main, leave to appeal against the whole decision of the Court of Appeal. The second application is for leave to amend the ground of appeal alreadyfiled. It was made by the two plaintiffs. The main question in these proceedings concerns the factors that should be taken into consideration when a party prays that he should be granted leave to appeal. The plaintiffs obtained judgment in the High Court in a suit instituted by them jointly against the defendant in the sum of N45,387,264,42 being outstanding debt owing to the plaintiffs as a result of a …

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