NU METRO RETAIL NIGERIA LIMITED V. TRADEX S.R.L & ANOR

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos State High Court, Coram: A. Olateru-Olagbegi J., in suit No. LD/1007/2008: Tradex S.R.L and Anor. v. Nu Metro Retail Nigeria Limited delivered on 2/7/2009, wherein the preliminary objections of the Appellant were dismissed and summary judgment entered in favor of the Respondents on part of their claims against the Appellant.

The Appellant was dissatisfied with the decisions and orders of the Court below refusing its preliminary objections to the Respondents' suit and entering summary judgment in favor of the Respondents and had promptly appealed against the said decisions vide a 1st Notice of appeal against the interlocutory decision on 7 grounds filed 15/7/2009 and a 2nd Notice of appeal against the final summary judgment on 4 grounds filed on 16/7/2009. The Record was duly transmitted to this Court. The Appellant's brief was filed on 3/11/2010 but deemed properly fi…