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HONGYE AMIP CONCEPT LIMITED v. MELLAVIN ENGINEERING COMPANY LIMITED

(2018) JELR 38370 (CA)

Court of Appeal  •  CA/EK/5/2018  •  6 Jul 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court sitting at Ado Ekiti, delivered on the 3rd day of November, 2017 wherein the learned trial judge granted claims of the Respondent.

The Respondent (then Claimant) caused a writ of summons the issued against the appellant (then Defendant) at the High Court of Ekiti State, holden at Ado Ekiti on the 13th of January, 2017. The writ of summons and all frontloaded processes were served on the appellant.

The Appellant filed a statement of defence on 21st day of March, 2017, and frontloaded all its processes in accordance with the rules of Court.

The respondent filed a reply and other processes to the statement of defence dated 5th day of April, 2017.

The respondent filed a motion on notice alongside its writ of summons dated 11th January, 2017 but filed on 13th January, 2017 to restrain the appellant from tampering or doing any manner of work with respect to suppl…

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