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ISPAT STEEL NIGERIA LIMITED v. SAM GRACE & COMPANY LIMITED & ORS

(2017) JELR 38270 (CA)

Court of Appeal  •  CA/L/610/2006  •  26 Jan 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In the 1st and 2nd Respondents' suit, the Lagos State High Court had dismissed the Appellant's preliminary objections that the suit was an abuse of the Court's process and that the 2nd Respondent had no locus standi to institute the suit. The decision of the High Court was contained in the Ruling delivered on the 16th November, 2004 and because the Appellant was dissatisfied with it, this appeal was brought against it vide a Notice of Appeal dated the 29th November, 2004 on five (5) grounds.

Two (2) issues were distilled for determination in the Appellant's brief filed on the 8th of April, 2016 as follows:-

"Issue 1 - Whether in all the circumstances of the case, the lower Court had failed to exercise his discretion judicially and judiciously by holding that the 2nd Respondent had locus standi without a disclosure in the Statement of Claim of any title, right or interest known to law in the subject-property or any injury to…

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