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IMPERIAL HOMES MORTGAGE BANK V. D-VAR CONSULTING LIMITED

(2016) JELR 37005 (CA)

Court of Appeal  •  CA/L/309/2015  •  22 Apr 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment):? This appeal is against the ruling of the Lagos State High Court delivered on the 18th day of March, 2015 by HON. JUSTICE O. A. TAIWO. The Appellant had filed an application at the lower Court praying the Honourable Court to strike out in limine the Respondent's action on the ground that it does not disclose any reasonable cause of action. The Court however dismissed the Appellant's application and awarded costs in favour of the Respondent. The Appellant dissatisfied with the said ruling has now filed an Amended Notice of Appeal dated 19th of March, 2015 setting out 3 grounds of appeal.

The Appellants brief of Arguments dated 25th May, 2015 was filed on same day and adopted on the 15th of March, 2016. The Respondent's brief dated 1/07/15 also filed on the same day was adopted on the 15th of March, 2016. The Appellant formulated 3 issues for determination as follows:

1. Whether the High Court of Lagos State per Taiwo, J…

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