SKYE BANK PLC V. MR. TUNJI BRAITHWAITE

MONICA B. DONGBAN-MENSEM J.C.A (Delivering the Lead Ruling): On the 27th day of October, 2009, this court ordered the filing of written addresses by learned Counsel on the motion filed on the 29/06/09 dated the 26/06/09. Each side was allowed seven days within which to file its address and three days for reply. The motion was then adjourned to the 24/11/09 for adoption of the addresses.

When the said motion finally came up for adoption on the 25/02/2010, the learned Counsel for the Applicant applied to withdraw the said motion and substitute same with another motion filed on the 28th December, 2009 of the same date.

The learned Counsel for the Respondent was vehemently opposed to the said application on two grounds. It was the contention of the learned Counsel for the Respondent that the said motion filed on the 29/06/09 had already been argued on the 27/10/09 and only remains for the addresses to be adopted.

The learned Counsel submitted that the application is an abuse of process. …