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JULIUS BERGER NIGERIA PLC & ANOR v. MRS. PHILOMENA UGO

(2020) JELR 87118 (CA)

Court of Appeal  •  CA/OW/271M/2018  •  13 Mar 2020  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA ITA GEORGE MBABA JCA IBRAHIM ALI ANDENYANGTSO JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit No. HOW/806/2017, delivered on 24th May, 2018, by Hon. Justice K.A. Ojiako, wherein the Court upheld the preliminary objection raised by the Respondent (in part) and dismissed the plaintiffs suit on the ground that it was caught up by the doctrine of estoppel and as such was an abuse of the Court process.

At the lower Court Appellants, as plaintiffs, had sought the following Reliefs:

(a) A declaration that the judgment of this Honourable Court in Suit No. HOW/581/2007 delivered by Hon. Justice N.B. Ukoha on October 26, 2009, was obtained by fraud.
(b) An order setting aside the judgment of this Honourable Court in Suit No. HOW/581/2007, delivered by Honourable Justice N.B. Ukoha on October 26, 2009, which was obtained by fraud alternatively to A and B;
An Order setting aside the part of the judgment of Honourable Justice N.B. Ukoha which awarded to the claiman…

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