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MV CORAL GEM & ORS v. ALEX OISEOMAYE & ORS

(2018) JELR 38506 (CA)

Court of Appeal  •  CA/L/492/2014  •  13 Jun 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): The Respondents in this appeal brought an action against the Appellants, claiming the sum of $100,000 damages for the death of their father, husband sibling and or benefactor. On the 6th day of July 2001, the Appellants as defendants filed their statement of defense, and thereafter brought an application seeking to dismiss the suit for reasons of incompetence of the originating processes. Upon receipt of the application to dismiss the suit, the Respondents now filed an application to amend the incompetent process, the lower Court entertained the application for amendment and went ahead to grant the application as prayed.

On Monday the 4th day of October, 2010, the lower Court presided over by Olatoregun Ishola J, granted the application, the alleged incompetent originating process was therefore accordingly amended.

The Ruling delivered by the lower Court therefore peeved the Appellants. This appeal is therefore against the Ruliā€¦

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