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BARBUS & COMPANY LIMITED v. MRS. GLADYS OYIBOKA OKAFOR UDEJI

(2017) JELR 38250 (CA)

Court of Appeal  •  CA/L/271M/2011  •  17 Feb 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos State High Court A. O. ADEFOPE OKOJIE, J. (now JCA) wherein she stayed further proceedings in the matter pending final determination of the Suit No FHC/L/CS/791/04 at Federal High Court based on the Preliminary objection filed by Respondent, seeking to dismiss or strike out the suit on ground of incompetence and/or lack of jurisdiction.

The facts of the case is that the Appellant filed this Suit at the High Court of Lagos State, to recover the sum of N17,776,260.00 (seventeen Million, seven Hundred and Seventy-six Thousand, Two Hundred and sixty Naira) only, being money withdrawn from Claimant's bank account and/or collected from Claimants cash sales by late Azuka Joseph Okafor Udeji and appropriated for his personal purposes without consent or authorization. He also claimed in the alternative, forfeiture to the claimant of an uncompleted building along Ajoke St…

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