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DR. SHIRISH TANKSALE v. RUBEE MEDICAL CENTRE LIMITED

(2013) JELR 35562 (CA)

Court of Appeal  •  CA/I/220/2010  •  15 Jul 2013  •  Nigeria

Coram
M.B. DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; O. DANIEL-KALIO JCA;

Judgement

M.B. DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment): On the 13th day of May, 2013, the Hon. Justice M. A. Ojo J., of the Ogun State High Court of Justice holden at Sango Ota Judicial Division, delivered a judgment against the Appellant as Defendant and in favour of the Respondent as Claimant. In this judgment the Claimant is referred to simply as the Appellant and the Defendant simply as the Respondent.

In the trial court, the Respondent claimed as per his Originating Summons dated the 6th of August, 2009, (Pages 1-3 of the record).

The appellant responded to the application with a Notice of Preliminary Objection challenging the jurisdiction of the trial Court on the grounds inter alia, that the Memorandum of Understanding (hereafter simply referred to as the MOU) is tainted with illegality and therefore void and unenforceable. The Appellant also contends that the MOU is against public policy, repugnant to natural justice good conscience and ineffective, that the MOU is not a…

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