FIDELITY BANK PLC. V. MRS. COMFORT OGIRI

RITA NOSAKHARE PEMU, J.C.A., (Delivering the Leading Judgment): This is an appeal against the Interlocutory decision of Honourable Justice O.A. Taiwo (Mrs),of the Lagos State High Court delivered on the 13th day of November 2008, in Suit No. LD/1714/2006, whereby she dismissed the Notice of Preliminary Objection filed by the Defendant/Counter-Claimant/Appellant.

The crux of the objection is this-

(a) The Claimant claim (as per paragraph 33 of the Claimant's Statement of Claim in the sum of N16,087,622.28 (Sixteen million, eighty seven thousand, six hundred and twenty two naira twenty eight kobo) plus interest, fees and costs specified therein) against the Defendant/Counter-Claimant is frivolous, vexatious and a gross abuse of power of this Honourable Court and same Claimant's claim be dismissed by this Honourable Court.

(b) That the Defendant/Counter-Claimant's claim in the sum of N6,013,681.54 (Six million, thirteen thousand, six hundred and eighty-one naira, fifty four kobo) (plus i…