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ZENECA LTD & ORS v. JAGAL PHARMA LTD

(2007) JELR 33860 (CA)

Court of Appeal  •  CA/L/362/2003  •  31 Jan 2007  •  Nigeria

Coram
ISA AYO SALAMI JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The Respondent herein, by a Writ of Summons and a statement of claim made various claims against the Appellant at the Federal High Court Lagos, (henceforth to be known as the lower Court). The writ and the statement of claim are at pages 122-128 of the record of this appeal. As the proceedings progressed the statement of claim became subject of amendment and further amendment. The final amended statement of claim before judgment of the lower Court is styled 2nd Amended statement of claim which was filed pursuant to an order of the lower Court dated 19th of February 2002. This statement of claim is at pages 616-621.

At paragraph 22 of the 2nd Amended statement of claim, the following claims were set out thus: -

(i) A declaration that the Agreement dated 1st May, 1996 between the plaintiff and the 1st Defendant is null and void ab initio on the ground of fraud and fraudulent misrepresentation on the part of the 1st Defendant.…

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