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NURUDEEN ONIWAYA V. OMOLERE IKUOMOLA & ORS.

(2007) JELR 33391 (CA)

Court of Appeal  •  CA/L/323M/2006  •  1 Feb 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; PAUL ADAMU GALINJE JCA;

Judgement

R. C. AGBO, J.C.A.(Delivering the Leading Judgment): The applicant is the third defendant in suit No. ID/611/05 pending at the High Court of Lagos State, Lagos Division. The 1st respondent is the claimant in that suit while the 2nd, 3rd, 4th and 5th respondents are the applicant's co-defendants. On service on them of the plaintiffs originating processes, the defendants by application dated 25th August 2005 prayed the High Court to strike out the statement of claim as frivolous and vexatious. They also sought for the action to be dismissed as it constituted an abuse of process as the parties had disputed the subject matter of the suit up to the Supreme Court where the defendants were successful and execution levied. In a considered ruling the Lagos State High Court on 10/02/06 dismissed the application as lacking in merit.

Not being satisfied with the ruling of the court, the applicant filed a Notice of Appeal dated 20th February 2006 but filed on 21 st February 2006 - He thereafter o…

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