CHIEF RASHEED ALABA WILLIAMS & ORS V. ASCON OIL COMPANY LIMITED & ORS

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by Alogba J. on the 11th November, 2014. The action leading to this appeal was filed by the Appellants as Claimants against the Defendants/Respondents via a Writ of Summons and Statement of claim dated 4th October, 2006. The 1st Respondent upon being served with the Originating processes filed a Preliminary Objection dated 2nd of May, 2015 challenging the jurisdiction of the lower Court on the ground that the instant suit constitutes an abuse of Court process in the light of the pendency of suit No: M/83/2013 between the parties and on the same subject matter. The Appellants filed a counter-affidavit and written Address in opposition to the 1st Respondent's Preliminary Objection. The 1st Respondent subsequently filed a second Preliminary Objection premised on additional grounds. And the Appellants filed a Written Address in opposition to same.

The …