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DUNLOP NIGERIA PLC v. OLUBODE FADEYI

(2002) JELR 47627 (CA)

Court of Appeal  •  CA/L/103/2000  •  11 Dec 2002  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; PIUS OLAYIWOLA ADEREMI JCA; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JCA;

Judgement

P. O. ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal here is against the ruling of the High Court of Lagos State (coram Holloway J.) delivered on 23rd July 1999 striking out, in limine, the motion of the defendant (hereinafter referred to as the appellant) dated 8th April 1997 praying the court for the following orders:-

(1) an order striking out the writ of summons and statement of claim in this suit the claim having been statute-barred.

OR

(2) an order striking out the writ of summons and statement of claim for disclosing no reasonable cause of action and for being frivolous and vexations.

The respondent, who was the plaintiff in the court below, had by a writ of summons filed on 12th March 1997 claimed from the defendant/appellant as follows:-

the plaintiff's claim is for the sum of N2,000,000.00 being general damages for injuries suffered by the plaintiff in consequence of an industrial accident in the course of his duty as an operator for the defendant at the defeā€¦

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