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BREDERO NIGERIA LIMITED v. SHYANTOR NIGERIA LIMITED & ORS

(2016) JELR 37039 (CA)

Court of Appeal  •  CA/A/210/2010  •  11 Mar 2016  •  Nigeria

Coram
ABDU ABOKI JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of the Federal Capital Territory, Abuja, presided by Hon. Justice D. Z. Senchi, delivered on the 11th of October, 2010; dissatisfied the appellant appealed by amended Notice of Appeal filed on the 23rd of February 2012 and deemed properly filed on the 10th of December, 2012 on 15 grounds.

The grounds without the particulars are as follows:

GROUND ONE:

The learned trial judge erred in law when he assumed jurisdiction to entertain the suit which was an abuse of the process of Court because the subject matter is res judicata in view of the final decision of the Federal High Court Yenagoa Division in the Suit No:FHC/YNG/CS/465/2003 made on the 28rh day of July, 2006 and Appeal Nor CA/pHl14612008 pending before the Court of Appeal in Port Harcourt.

GROUND TWO:

The learned trial judge erred in law when he assumed jurisdiction to hear and determine the present suit even when it is…

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