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THE HONDA PLACE LIMITED V. GLOBE MOTORS HOLDINGS LIMITED

(2001) JELR 52772 (CA)

Court of Appeal  •  CA/L/164/99  •  7 Jul 2001  •  Nigeria

Coram
SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA

Judgement

OGUNTADE, JCA (Delivering the Lead Ruling): The applicant was the defendant in suit No. ID/915/98 before the High court, Ikeja where therespondent as plaintiff brought a suit against it. The applicant raised a plea of Estoppel per res judicata by a motion against the claim of the plaintiff. The lower court overruled the objection. The applicant brought an appeal before this court. On 12th December, 2000, we delivered our judgment. We dismissed the appeal by the applicant. The applicant was dissatisfied with our judgment and has appealed against it to the Supreme Court. The applicant now brings the present application for an order staying further proceedings in the suit at the lower court pending the determination of the appeal to the Supreme Court. We heard the application on 16/5/2001. Mr. J. A. Badejo, of counsel for the applicant moved the application. He submitted that if the appeal to the Supreme Court succeeded the suit beforethe lower court would be dismissed and that the i…

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