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ZUMAX (NIG.) LTD V. FIRST INLAND BANK PLC

(2011) JELR 54235 (CA)

Court of Appeal  •  CA/L/106/2010  •  8 Feb 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) HUSSEIN MUKHTAR JCA MOHAMMED A. DANJUMA JCA (Read the Lead Judgment)

Appearances
Ibifubara Berenibara - for the Appellant. -*- Ehis Agboga (with him, Ayodeji Jolaoso) - for the Respondent.

Judgement
<p><strong> DANJUMA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of the High Courtof Lagos State (Lagos Division) delivered by Hon. Justice A.M. Nicol-Clay on 9 November 2009, in suit No. LD/115/ 2005 refusing the appellant’s application for interlocutory injunction pending the determination of the substantive suit. The appellant, who was claimant at the lower courthad in its statement of claim in the case still pending in suit LD/1668/09, sought against the defendant, now respondent, the following reliefs: </p><p>“a. A declaration that the institution of suit No. LD/115/2005 at the High Court of Lagos State is an abuse of court process and a nullity.</p><p>b. A declaration that suit No. LD/115/2005 was instituted by the defendant against the claimant without the existence of any reasonable cause of action, and thus, a nullity.</p><p>c. An order setting aside and/or nullifying the consent judgment entered by Justice A.A. Oyebanji of the High Court of Lagos State in suit No. LD/115/2005 o…</p>

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