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IMPERIAL HOMES MORTGAGE BANK LTD v. MOUNT GILGAL INVESTMENTS LTD & ORS

(2017) JELR 37688 (CA)

Court of Appeal  •  CA/L/127/16(R)  •  3 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A.(Delivering the Lead Ruling): The Applicant is an appellant in an appeal against the ruling of the Lagos State High Court delivered on the 26th of November 2015 by HON. JUSTICE OKE LAWAL wherein she dismissed a preliminary objection brought by the Applicant herein where it sought to dismiss the claim of the 1st Respondent. The grounds were that the suit was an abuse of Court process amongst others. The Court found that the suit was not abuse of Court process because the reliefs and parties are not the same and noted that the 1st Respondent had filed a Notice of discontinuance in the other suit which has the effect of putting an end to the said process. Dissatisfied with the said ruling, the Applicant filed a Notice of Appeal. The appeal is currently pending and the Appellant as Applicant herein applied to bring in additional evidence in the appeal. The said additional evidence is the ruling of the Court dismissing the earlier suit filed by the 1st Respon…

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