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MR. EMMANUEL MBA v. SPRING BANK PLC & ORS

(2016) JELR 41465 (CA)

Court of Appeal  •  CA/L/177/2013  •  27 Jun 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered on the 1st day of November 2007/11/2007 in suit No. LD/M/609/06 by Olateru-Olagbegi J.

The suit at the Court below was commenced against the 2nd and 3rd Respondents by the 1st Respondent vide an Originating Summons dated 20th December 2006. The 2nd and 3rd Respondents filed a Notice of Preliminary Objection dated the 27th day of February 2007 seeking for an order striking out the suit or alternatively directing that the claimant file proper pleadings. When the matter came up for hearing on the 1st day of November 2007 the Claimant (1st Respondent) moved the Court to enter judgment in their favor pursuant to Order 25 Rule 6 of the High Court of Lagos State (Civil Procedure) Rules 2004 in the absence of the Defendants (2nd and 3rd Respondents). The Court struck out the Preliminary Objection of the 2nd and 3rd Respondents, and granted the reliefs soug…

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