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SPOG PETROCHEMICALS LIMITED & ANOR v. PAN PENINSULA LOGISTICS LIMITED

(2017) JELR 38264 (CA)

Court of Appeal  •  CA/L/23/2016  •  1 Feb 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): The Respondent had taken a writ of summons at the Registry of the High Court of Lagos State in suit No. LD/165CMW/15 against the Appellants claiming the sum of Seven Hundred and Fifty-Five Thousand Dollars ($750,000.00) being the balance for the vehicles supplied to the Appellants by the Respondent.

A conditional appearance was entered for the Appellants and a notice of preliminary objection dated the 9th of October, 2015 was filed challenging the competence of the suit. The objection was premised on the following grounds: -

(a)That the pre-action protocol form 01 which is an affidavit attached to writ of summons filed by the Respondent was deposed to by the Respondent which is not a natural person.

(b)That the Respondent failed to set out its claims and an option for settlement in the written memorandum filed along with the pre-action protocol Form 01.

After hearing arguments from counsel on the objection, the High Court in a R…

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