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(2021) JELR 109314 (CA)

Court of Appeal  •  CA/AK/312/2019  •  28 Sep 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA James Gambo Abundaga, JCA


JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Federal High Court, holden at Akure in Suit No. FHC/AK/CS/54/2013 delivered by Hon. Justice F.A Olubanjo on 7th May, 2019.

The judgment is a product of the suit brought by the Plaintiff/Respondent initially against two defendants including the appellant who was the 1st defendant. The 2nd defendant was the Managing Director and alter-ego of the 1st defendant. The writ of summons endorsed with the statement of claim, and the witness statement on oath of the plaintiff’s sole witness was issued on 10th July, 2013. It was also accompanied with front loaded documents. The defendants filed their statement of defence. It was accompanied with the witness statement on oath of Mrs. Adetayo Alasoadura (the 2nd defendant) and front loaded documents. These were filed on 6th May, 2015. However, on 19th May, 2016, the 2nd defendant died. This fact was duly communicated to the Court by the defendan…

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