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AMERICA SPECIFICATION AUTOS LIMITED & ANOR v. ASSET MANAGEMENT CORPORATION OF NIGERIA

(2017) JELR 37220 (CA)

Court of Appeal  •  CA/L/66/2013  •  7 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, JCA (Delivering the Leading Judgment): The respondent's application for ex parte orders for possession of 4 landed property located in Lagos State and for the freezing of the bank accounts of the appellants were granted by the Federal High Court sitting in Lagos (the Court below), occasioning the appeal.

The respondent filed preliminary objection to the appeal which she argued in the respondent's brief to the effect that grounds 3, 5, 8, 9 and 10 of the notice of appeal are a combination of facts and mixed law and fact emanating from an interlocutory decision therefore the failure by the appellants to obtain the leave of the Court to file and argue the said grounds of appeal render the grounds incompetent which should be struck out citing in support the cases of Ohajunwa v. Obelle (2008) 3 NWLR (Pt. 1073) 52 at 72-73, Nwekeson v. Onuigbo (1991) 3 NWLR (Pt. 178) 125 at 131, Bello v. Pategi (2000) 8 NWLR (Pt. 667) 21 at 29, Nasiru v. Bimdawa (2006) 1 NWLR (Pt. 961…

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