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ECO BANK NIGERIA LIMITED v. SILOAM GLOBAL SERVICE LIMITED

(2016) JELR 41326 (CA)

Court of Appeal  •  CA/L/226/2016  •  21 Oct 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below) whereby it ruled that it would hear the motion on notice challenging its jurisdiction to entertain the petition filed by the appellant before taking further step in the proceedings with respect to the ex parte motion for preservative remedy by the appellant.

In a nutshell, the appellant filed a petition for the dissolution of the respondent, an incorporated body, on 16.10.15. An ex parte motion for interim restraint or injunction was also filed on 16.10.15 by the appellant with respect to the fixed and movable assets of the respondent. The Court below heard the ex parte application and ruled on 06.11.15 that the respondent be placed on notice before the application for preservative orders would be determined.

Upon service of the processes mentioned above on the respondent, she filed a motion on 07.12.15 or the dismissal and/or str…

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