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MATAB OIL & GAS LIMITED & MR. OLADELE MARTINS V. FUNDQUEST FINANCIAL SERVICES LIMITED & MR. ABIODUN IDERAWUNMI

(2020) JELR 91868 (CA)

Court of Appeal  •  CA/L/644/2016  •  10 Feb 2020  •  Nigeria

Coram
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA JAMILU YAMMAMA TUKUR, JCA GABRIEL OMONIYI KOLAWOLE, JCA

Appearances
Kingsley Izimah, Esq. for the Appellants Nick Omeye, Esq. (with him, Felix Okezie, Esq.) for the 1st Respondent

Judgement


TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State delivered by Honourable Justice O.A. Williams on 19th day of June, 2015 in Suit No. LD/6863/2014 wherein the lower court granted the reliefs sought by the 1st respondent as contained in the write of summons dated 17th September, 2014 for the recovery of loan and interest rate accruable to the 1st respondent.

The 1st respondent who was the claimant at the lower court had commenced this action against the appellants and the 2nd respondent who were the defendants at the High Court of Lagos State sitting in Igbosere on the 19th day of September, 2014 in Suit No: LD/6863/2014. Filed alongside the claimant’s writ of summons and statement of claim was a motion for summary judgment under orders 11 and 14, rule 2 of the High Court of Lagos State(Civil Procedure) rule, 2012. Upon hearing the said motion for summary judgment, the lower court granted same and by a warrant of posse…

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