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NAL MERCHANT BANK PLC. V. ODEGHE & ASSOCIATES LTD. BALMITA INDUSTRIAL VENTURES LTD. CHIEF VICTOR ODEGHE

(2000) JELR 55550 (CA)

Court of Appeal  •  CA/L/291/99  •  5 Jun 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) PIUS OLAYIWOLA ADEREMI, JCA WALTER S. N. ONNOGHEN, JCA (Read the Lead Ruling)

Judgement

ONNOGHEN, JCA (Delivering the Lead Ruling): This is an application brought by the appellant/applicant, praying the court for “an order staying further proceedings in the court below pending the hearing and determination of the appeal lodged by the appellant against the ruling of the court below, delivered on the 26th day of January, 1999”. The application is supported by an affidavit of 13 paragraphs on which the applicant relied. The facts of the case, as can be gathered from the record, are that sometime in 1997, the respondents instituted suit No. FHC/L/CS/1093/97 against the applicant at the Federal High Court, Lagos for breach of a contract agreement, dated the 13th day of June, 1994, in respect of a revolving cash advance/acceptance credit facility. On the 13th day of October, 1998, the applicant filed a notice of preliminary objection, challenging the jurisdiction of the court below to hear the said suit. On the 26th day of January, 1999, the Federal High Court overruled the …

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