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INTERNATIONAL BANK FOR WEST AFRICA (NOW AFRIBANK NIGERIA PLC) v. FOLA SASEGBON

(2007) JELR 45836 (CA)

Court of Appeal  •  CA/L/457/2005  •  20 Mar 2007  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; PAUL ADAMU GALINJE JCA; HUSSEIN MUKHTAR JCA;

Judgement

GALINJE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Lagos High Court presided over by Abiru, J. which was delivered on the 16th June, 2005, in which the learned trial Judge dismissed the preliminary objection dated 22nd November, 2004 and filed by the appellant against the issuance and service of Form 48 on it.

The respondent herein, as claimant at the lower court commenced an action by writ of summons dated 27th of February, 1981, against several parties, among who is the appellant, who was the 4th defendant. Parties filed and exchanged pleadings. Thereafter all the parties in that suit, executed a terms of settlement which was subsequently made the judgment of the court dated 1st August, 1983.

After the consent judgment aforesaid, the respondent alleged that the appellant herein refused to comply with the consent judgment and therefore commenced contempt proceedings against it by causing the registrar of the lower court to issue Form 48 which …

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