B. J. AMADASUN (FORMER EXECUTIVE CHAIRMAN, FIRST CONTINENTAL INSURANCE COMPANY LIMITED IN LIQUIDATION) & ORS. V. CHUKWUMA-MACHUCHUKWU UME
(2006) JELR 39640 (CA)
Court of Appeal
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CA/A/153/2004
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14 Dec 2006
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Nigeria
Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA;
OYEBISI FOLAYEMI OMOLEYE JCA;
CHIDI NWAOMA UWA JCA;
Appearances
Oladipo Okpeyi (with him, Emeka Okpala) For Appellant
Chukwuma Machukwu - Ume (with him, I. M. Njaka and C. C Igwe) For Respondent
Judgement
<p>UWA J.C.A. (Delivering the Leading Judgment): This appeal arose out of the ruling of the Federal High Court sitting in Abuja of 10/3/03 (the trial court), adjourning the matter sine die until the determination of the suit at the Federal High Court, Lagos and the Court of Appeal, Lagos Division.</p><p> Briefly, what gave rise to the ruling or order of adjournment sine die is that on the 13/03/2001 the respondent filed a winding up petition dated 28/02/2001 with a verifying affidavit dated 01/03/01 deposed to on 13/03/01 at the trial court. By an order made on the 25/03/2001, First Continental Insurance Company Limited was ordered to be wound up by the learned trial Judge. The appellants on 16/09/2002, entered appearance through their counsel, on the same day also filed a counter affidavit to the respondent's motion dated 18/05/2002. They also filed a preliminary objection to the motion and suit on the same day, 16/09/2002 with its supporting affidavit disclosing the pendency of Suit No. FHC/8…</p>