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CAMAC NIGERIA LIMITED v. SABACO LIMITED

(2016) JELR 36869 (CA)

Court of Appeal  •  CA/L/104/2011  •  27 Apr 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the Ruling/decision of the High Court of Lagos State delivered on the 1st day of November, 2010 by Hon. Justice K. A. Jose.

The Respondent as Claimant took out a Writ of Summons against the Appellant as Defendant claiming the following reliefs:-

1. An Order of this Honourable Court mandating the Defendant to pay the sum of N82,800,000.00 (Eighty Two Million Eight Hundred Thousand Naira Only) to the Claimant being arrears of rent and the value for the use and occupation of the Claimant's property lying and situate at No. 68, Molade Thomas Street, Victoria Island, Lagos from June 1998 to April 2009.

2. The cost of instituting and prosecuting this suit.

In response, the Appellant entered conditional appearance and filed its Statement of Defence. In addition to its Statement of Defence, Counsel also filed a motion for dismissal of the suit on the following grounds:

?a. That the Originating processes in …

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