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OCTS EDUCATIONAL SERVICES LTD V. PADSON INDUSTRIES LTD. & ANOR

(2012) JELR 34001 (CA)

Court of Appeal  •  CA/IL/31/2009  •  29 Mar 2012  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA ITA GEORGE MBABA JCA OBANDE OGBUINYA JCA

Judgement


OBANDE OGBUINYA, J.C.A (Delivering the Leading Judgment): This appeal is an offshoot of the judgment of the Kwara State High Court, coram Hon. Justice M. A. Folayan, delivered on 19/02/2008 wherein the respondents' preliminary objection was upheld.

Flowing from the processes filed, the facts of that case, which led to this appeal, are far from being complicated. The appellant, as a claimant, sued the respondents, as defendants, in suit No.KWS/13/2007 claiming certain reliefs. The parties therein settled the matter out of court. The end product of that settlement was a 5 - paragraph terms of settlement, signed by the parties and their respective learned counsel and filed in court on 28/06/2007, which the lower court pronounced and made consent judgment for the parties on 02/07/2007.

Subsequently, precisely on 08/11/2007, the appellant, as a claimant, instituted another action against the respondents, as defendants in Suit No.KWS/131/2007 in the lower court. In that case, the appellan…

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