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M.R.S. PROJECT DEVELOPMENT & CONSULTING LIMITED v. I.T.B. NIGERIA LIMITED

(2013) JELR 35401 (CA)

Court of Appeal  •  CA/L/105/2012  •  8 Nov 2013  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of J.O. Pedro (Mrs.) Judge of the High Court of Lagos State Ikeja Judicial Division, delivered on the 15th day of November 2011, whereby at page 5 of the Ruling (page 507 of the Record of Appeal) she held thus

"I hold that in order to determine once and for all the issues before the court this matter shall proceed to trial immediately where evidence can be tied in proof of the pleadings before the court and documentary evidence scrutinized and findings made thereon. And I so hold."

FACTS

This is sequel to an application dated the 8th of February 2010, but filed on the 10th of February 2010, wherein the Claimant/Applicant (Appellant in the present appeal) sought the following order of the court

below viz

"An ORDER or this Honourable Court that the questions listed hereunder can conveniently be decided by way of special case during Pre-Trial conference in this suit. The questions are as foll…

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