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NIGERIA DEPOSIT INSURANCE CORPORATION (LIQUIDATOR, HALLMARK BANK PLC) V. MR. BEN OKEKE & ORS.

(2010) JELR 33686 (CA)

Court of Appeal  •  CA/L/861/08  •  29 Apr 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; HUSSEIN MUKHTAR JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Lagos State delivered by Onyeabo, J on 17th July, 2008 wherein the appellant's preliminary objection challenging the competence of a suit filed afresh by the 1st and 2nd respondents, was dismissed.

The 1st and 2nd respondents in the court below were the plaintiffs in suit No. LD/1654/01 against the appellant and the 3rd and 4th respondents as defendants.

The appellant and the 3rd respondent as 1st and 2nd defendants filed a counter claim against the 1st and 2nd respondents, who were the plaintiffs, in addition to their respective statements of defence.

The 1st and 2nd respondents claim was struck out by the lower court on 25th January, 2005 for want of diligent prosecution, and the counter claims filed by the appellant and the 3rd respondent were set down for hearing.

The 1st and 2nd respondents subsequently filed an application dated 27th June, 2006 seeking for relistm…

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