ZUMAX NIGERIA LIMITED V. BLISS INTERNATIONAL LIMITED

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): By Motion on Notice dated 7 December, 2009 flied on 7/12/09, the Appellant/Applicant prays for the following orders:

"1. An Order granting the Appellant/Applicant leave to raise and argue for the first time, before this Honourable Court, a challenge of the JURISDICTION of both the Federal High Court to entertain Suit No. FHC/L/CP/951/05 - Bliss International Limited v. Zumax (Nig.) Limited, on the ground of ABUSE OF JUDICIAL PROCESS; having regard to the pendency of Suit No. FHC/L/CS/1273/2002 - Bliss International Limited v. Zumax (Nig.) Limited and others, and Appeal No. CA/L/361/2004 arising therefrom.

2. An order striking out Suit No. FHC/L/CP/951/05 - Bliss International Limited v. Zumax (Nig.) Limited, for being an Abuse of Judicial Process".

The Grounds supporting the application reads as follows:

"1. The Respondent (Bliss International Limited) filed Suit No. FHC/L/CS/1273/2002 - against the Appellant (Zumax (Ni…