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MBA PROPERTIES LIMITED & ANOR v. ABIOLA ADEGOKE

(2017) JELR 37335 (CA)

Court of Appeal  •  CA/L/16/2016  •  12 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling of the Lagos State High Court delivered on the 12th of May, 2015 by HON. JUSTICE B. A. OKE- LAWAL wherein the Court below dismissed an application to strike out the name of the 2nd Appellant from the suit initiated by the Respondent herein. Dissatisfied with the said ruling, the Appellants filed a Notice of Appeal dated 22nd December, 2015 on the same day setting out 3 grounds of Appeal.

The Respondent by way of a writ of summons and statement of claim had sought for the following reliefs against the Appellants at the lower Court:

"Claimant claims jointly and severally against the 1st and 2nd Defendant as follows:

1. The sum of N500,000.00 (Five Hundred Thousand Naira) being the retainer fee due and payable on the 1st December, 2013.

2. The sum of N40,500,000.00 (Forty Million, Five Hundred Thousand Naira only) being 5% of the ascertained estimated minimum total price of N810,000,000.00 (Ei…

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