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TRIQUEST ENERGY LIMITED & ALHAJI MUMUNI DAGAZAU V. FIRST CITY MONUMENT BANK PLC

(2021) JELR 109508 (CA)

Court of Appeal  •  CA/L/936/2013  •  8 Jan 2021  •  Nigeria

Coram
Joseph Shagbaor Ikyegh, JCA Balkisu Bello Aliyu, JCA Ebiowei Tobi, JCA

Judgement

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is predicated upon the ruling of Hon. Justice L.B. Lawal-Akapo of the High Court of Lagos State in Suit No. LD/616/2012 – First City Monument Bank Plc v. Triquest Energy Limited and Anor delivered on 31/5/2013. The said ruling which is found on pages 496-498 of the record is with respect to the three (3) notices of preliminary objection filed by the Appellants (then Defendants) against the action of the Respondent (then Claimant). The brief set of facts at the lower Court is that the Respondent vide a Writ of Summons and a Statement Claim instituted an action at the lower Court against the Appellants to claim a loan sum advanced to the 1st Appellant which was personally guaranteed by the 2nd Appellant. After pleadings closed, the 1st Appellant by a notice of 20/6/2012 raised a preliminary objection to the suit on grounds of jurisdiction, misjoinder and abuse of Court process. The Appellants also by a notice of 3/9/201…

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