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IBACEHM (IBAFON CHEMICALS) LIMITED v. VISA INVESTMENT & SECURITIES LTD ANOR

(2009) JELR 33507 (CA)

Court of Appeal  •  CA/L/186/2002  •  30 Jan 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The appeal at hand is against the Ruling of the High Court of Lagos State in dismissing the appellant's motion for summary judgment, brought pursuant to order 29 rules 6 of the High Court of Lagos State Civil Procedure Rules 1994. (LSHCCPR)

The brief facts of this case were that by a motion on notice dated 7th November, 2001, the appellant as plaintiff in the court below brought an application seeking summary judgment by admission against the Respondent, who was the 1st defendant under order 29 rules 6 of the Lagos State High Court Civil Procedure Rules 1994. In moving the application, the appellant drew the court's attention to certain averments in the statement of defence of the Respondent, more particularly paragraphs 2(f)-(i) of the said statement of defence contained at pages 5-7 of the Record of Appeal, as the basis for seeking judgment under the aforementioned Rule of Court.

The appellant therein, further placed muc…

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