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INVESTORS INTERNATIONAL (LONDON) LIMITED V. FIRST BANK OF NIGERIA PLC

(2007) JELR 48094 (CA)

Court of Appeal  •  CA/L/456/2005  •  3 Apr 2007  •  Nigeria

Coram
ISA AYO SALAMI JCA; OFR JCA; CLARA BATA OGUNBIYI JCA; RAPHEL CHIKWE AGBO JCA;

Judgement

ISA AYO SALAMI, OFR, J.C.A.: (Delivering the Leading Judgment): The claim leading to this appeal was initiated by a writ of summons accompanied by a statement of claim. The claimant's claims are for US $118,821,947.00 said to be the aggregate sum of the principal, accrued interest and under writing fees due under a loan guarantee by the defendant together with interest thereon at the rate of 7% per annum; injunction restraining the defendant from disposing or dissipating its assets pending the determination of the suit.

This was followed by a spate of applications viz:-

(a) Claimant's motion for summary judgment dated 13/7/2004;

(b) defendant's first notice of preliminary objection to the court's territorial jurisdiction;

(c) claimant's motion dated 25/8/2004 for injunction and order to strike out the defendant's notice of preliminary objection;

(d) defendant's second notice of preliminary objection dated 22/9/2004 for order to strike out the claimant's motion on notice dated 25/8/200…

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