ECOBANK NIGERIA LIMITED V. OLIVE ENERGY OIL & GAS LIMITED & ANOR
(2018) JELR 39374 (CA)
Court of Appeal
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CA/L/117/16
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6 Feb 2018
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Nigeria
Coram
CHIDI NWAOMA UWA JCA;
HAMMA AKAWU BARKA JCA;
BOLOUKUROMO MOSES UGO JCA;
Appearances
O.A. Divine Esq. with him, I.G. Afolabi (Miss) For Appellant
Esther Ediale- for 1st Respondent.Romeo Ese Michael -for 2nd Respondent. For Respondent
Judgement
<p><strong><span style="background-color: transparent">CHIDI NWAOMA UWA, JCA (DELIVERING THE LEADING JUDGMENT)</span></strong><span style="background-color: transparent">: The appellant as applicant before the High Court of Lagos State, presided over by Oyefeso, J. was dissatisfied with the Ruling of the court delivered on the 14th day of December, 2015 refusing the appellant's application which sought to set aside and/or nullify the consent judgment entered by the lower court.</span></p><p><span style="background-color: transparent">The background facts are that the 1st respondent as claimant at the lower court commenced the suit via a writ of summons dated 5th November, 2014 claiming the sum of ₦1,303,680,000.00 (one billion, three hundred and three million, six hundred and eighty thousand naira) and interest thereon, being an alleged sum paid by it to the 2nd respondent (the Defendant at the lower court) for the supply of Automotive Gas Oil (AGO). </span></p><p><span style="background-color: transparent">A few days after the suit was filed, the parties/the respondents (Claimant and Defendant) at the lower court executed a terms of settlement dated 14th November, 2014 and on the 18th day of November, 2014 the…</span></p>