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THE HONDA PLACE LTD. v. GLOBE MOTOR HOLDINGS NIG. LTD.

(2005) JELR 45234 (SC)

Supreme Court  •  SC.161/2001  •  15 Jul 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal, Lagos Division in appeal No. CA/L/164/99 given on 12th December, 2000. The appellant had filed a motion before the Lagos High Court whereby it sought an order dismissing the respondent's suit on ground of res judicata and abuse of court process. The High Court dismissed the appellant's motion. The appellant's appeal to the Court of Appeal, Lagos Division was dismissed. The decision of the High Court was affirmed. The appellant has further appealed to this court.

In order to appreciate the submissions and arguments on behalf of the parties, I think it is desirable to state the facts of this case in detail. The facts of the case are these. The appellant was a dealer appointed by the Japanese manufacturers of Honda cars, to import and market Honda cars in Nigeria. On 2nd December, 1993, the appellant entered into a sub-dealership agreement with the respondent as a sub-dealer o…

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