ONWARD ENTERPRISES LTD V. OLAM INT'L LTD & 2 ORS

JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Leading Judgment): The appeal is against the ruling of the Court of Appeal Lagos Division delivered on 24th June, 2010 in Appeal No. CA/L/765/2008 wherein the lower Court struck out the Notice of Appeal filed by the Appellant for being incompetent.

The facts of this case are that the Appellant, who was the plaintiff before the trial Court filed an application for consolidation of the counter-claim in Suits No: LD/907/2004 with Suit No: LD/1666/O5. The Court after hearing the application, denied same. The Appellant contended that his right to fair hearing in the determination of its right to counter-claim was breached.

Dissatisfied, the Appellant appealed against the ruling of the trial Court to the Court of Appeal Lagos Division vide a notice of appeal filed on 17th June 2008.

During the proceedings before the lower Court on 17th May 2010, when the learned senior counsel for the appellant, Mr. Awomolo, SAN, was about to move a motion on notice…