(2000) JELR 43962 (CA)    

Court of Appeal  ·  CA/L/252/99 ·  7 Feb 2000 ·  Nigeria
Other Citations
Adetona v. Edet (2001) 3 NWLR (Pt.699)186
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
grounds of appeal
lower court
learned trial judge
stay of proceedings
federal high court
operation of the companies
reasonable cause of action
statement of claim
allied matters decree
brother oguntade
lagos high court
plaintiffs claim
receiver of the 1st defendant
suit no. ld
vivour j.
1st defendant
advantage of reading
allied matters act
constitution of the federal republic of nigeria
exclusive jurisdiction
first notice of appeal
following grounds
further proceedings
good faith
insurance company
jurisdiction of the lower court
lead ruling
mr. abang
mr. o. o. adejuyigbe
notice of preliminary objection
said grounds
said sum
specific averments of the statement of claim
stay of further proceedings
trial judge
virtue of his office
vivour j

OGUNTADE, J.C.A. (Delivering the Lead Ruling): The Appellant is the Applicant and prays for an order staying further proceedings in Suit No. LD/17/98 pending at the Lagos High Court before Rhodes- Vivour J.

Before the lower Court, the Appellant/Applicant was the 2nd Defendant. He brought an application jointly with the 1st Defendant, Newspin Limited that the suit by the plaintiff/Respondents be dismissed on the ground that the statement of claim filed disclosed no reasonable cause of action. Alternatively, they asked that their names be struck out from the suit.

On 28/5/98,Rhodes- Vivour J, in a considered ruling refused the application. The Applicant was dissatisfied with the ruling. He brought an appeal against it on three grounds of appeal. The grounds of appeal without their particulars read: "3.1 The learned trial Judge erred in law held that a cause of action is clearly established against 2nd Defendant/Appellant but failed to identify or refer to specific averments of the stat…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login