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UNIFAM INDUSTRIES LIMITED V. OCEANIC INTERNATIONAL (NIG.) LTD

(2006) JELR 51973 (CA)

Court of Appeal  •  CA/PH/103M/2005  •  12 Apr 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA (Presided) MUSA DATTIJO MUHAMMAD JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Appearances
I. N. Umezuruike (SAN) (with him, L. C. Emodi) - for the Appellant. -*- A. Enyindah Esq. - for the Respondent.

Judgement

M.D. MUHAMMAD JCA (Delivering the Lead Judgment): By virtue of their pendingappeal, the applicant prays for an order of this court to stay further proceedings in suit No.A/148/2002 in the Abia State High Court. Its application is supported by a twenty five paragraphed affidavit and fourteen- paragraphed further affidavit deposed to by Samuel Nwokocha, a clerk in the firm of solicitors representing the applicant. ExhibitsA, B, C, D, andare annexed to the supporting affidavit. Learned counsel relied on all the paragraphs of their affidavits and the annexures thereto. Particular reliance was placed on paragraphs 5, 6, 7, 8, 9, 10, 14, 16, 20 and 21 of the affidavit in support of the application.A summary of the contents of these averments is attempted at once. Briefly put, the applicant commenced suit No. A/148/2002 against the respondent at the court below. Thereafter, it sought leave of the court to amend its statement of claim. The application to that effect is annexure A to the aff…

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