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UNITED CEMENT COMPANY NIGERIA LIMITED v. NTUFAM PIUS E. ITITA & ORS

(2016) JELR 41633 (CA)

Court of Appeal  •  CA/C/164/2014  •  31 May 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Cross River State sitting at the Calabar Judicial Division presided over by His Lordship, Elias O. Abua delivered on the 31st March, 2014 in Suit No. HC/245/2013. The Learned trial Judge dismissed the Appellant's Motion on Notice seeking to dismiss the suit of the 1st-6th Respondents on grounds that the said suit constituted an abuse of Court process.

On the 29th day of November 2013, the Appellant filed a Motion on Notice seeking for an Order to dismiss Suit No. HC/245/2013 for constituting an abuse of Court process of the Honourable Court. It was the contention of the Appellant Counsel that the said suit of the 1st-6th Respondents on similar suits on the same subject matter and against the same defendants had been struck-out and dismissed by the Court.

The Respondents filed a Counter-Affidavit in opposition on the 23/12/2013 and a Written Address. A lone issue of whethe…

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