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JAMES LATUNDE ADEROKUN V. UNITED AFRICA CO. LTD.

JELR 84023 (WACA)

West Africa Court of Appeal  •   •  West Africa [For WACA cases]

Coram
Cor. KINGDON, PETRIDES and WEBBER, C.JJ.

Appearances
Sir William Geary, Bart., for Plaintiff. R. F. Irving for Defendants.

Judgement

KINGDON, C.J., NIGERIA.

This Court is of opinion that it has discretion to refuse or to allow this application and is not bound to grant it as of right. In considering the question of whether that discretion should be exercised in this case in appellant’s favour, the Court thinks that no special ground has been shown, but on the contrary good reason has been shown why the application should be refused, namely that the appellant is already pursuing his remedy in another Court whose jurisdiction is not disputed and can obtain full redress in that other Court for any wrong he may have suffered. To allow this would-be appeal to proceed would be to encourage multiplicity of proceedings. The application is accordingly dismissed with costs assessed at five guineas.

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