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TRANSAMERICA CORPORATION V. HARRY AYOADE AKANDE MR. YINKA OMISADE LAWRENCE ADEDAMOLA OKUNOLA NEW AFRICA DEVELOPMENT CO. LTD NEW AFRICA TECHNICAL AND ELECTRICAL CO. LTD

(2014) JELR 53119 (CA)

Court of Appeal  •  CA/L/09/2012  •  3 Jun 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA (Presided) CHINWE EUGENIA IYIZOBA JCA SAMUEL CHUKWUDUMEBI OSEJI JCA (Read the Lead Judgment)

Appearances
A.Tunde-Olowu (with him, I. Iberenibara and Miss O. Olowu) - -*- for the Appellant. -*- Ricky Tarfa, SAN (with him, O. Oladele and O. Osinowo Esq.,) - -*- for the 1st Respondent. -*- A. J. Owonikoko, SAN [with him, I. J. Okechukwu and C. C. B -*- Chuks-Nwolisa (Miss)] - for 5th Respondent.

Judgement

OSEJI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Division, delivered by C. E. Archibong J. in suit No. FHC/1/77/88 on 9 November 2011, wherein it was held that the Federal High Court (trial court) had jurisdiction to entertain the 1st respondent’s motion on notice for supplemental orders to the judgment of the said court earlier delivered by Odunowo J. on 20 October 1999. The 1st respondent in this appeal was the plaintiff/applicant in the trial court, while the appellant was the 4th defendant.

On 20 October 1999, the trial court Coram T. A. Odunowo J., delivered a judgment in the suit whereby the reliefs sought by the plaintiff was granted but at which point in time, the appellant was not a party to the suit. The said reliefs which was granted as per the plaintiff’s claim but with some modifications are found in the judgment at pages 4-17 of the record. However, about 11 years later on 19 July 2010, the 1st respondent fi…

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