PROGRESS BANK OF NIGERIA PLC. V. OK CONTACT POINT HOLDINGS LTD.

GARBA JCA (Delivering the Lead Judgment): The appeal is against a decision of the Abia State High Court (lower court) in suit No. HOS/291/ 96 delivered on 6 December 2004, granting the following relief sought for A by the respondent herein: “An order substituting the 1st defendant in the suit with the Nigerian Deposit Insurance Corporation (NDIC).

An order striking out the name of the 2nd defendant as a party in the suit.” The appellant who was the 1st defendant in the said suit was dissatisfied with that decision and so filed a notice of appeal against it on five (5) grounds on 9 December 2004. The appellant had opposed the applicationby the respondent on the ground that the court had no jurisdiction over the case because while the case was pending, a provisional liquidator was appointed for the appellant and under the provision of section 29 of Decree No. 38 of 1998, the suit became incompetent. In the appellant’s brief filed on 16 April 2007, learned senior counsel for the appella…