AERMACCHI S. P. A. & ORS
V.
A. I. C. LTD

(1986) JELR 39805 (CA)    

Court of Appeal  ·  CA/L/201/84 ·  3 Mar 1986 ·  Nigeria
 · 
Other Citations
Aermacchi v. A. I. C. Ltd. (1986) 2 NWLR (Pt.23)
CORAM
PHILIP NNAEMEKA-AGU Justice of The Court of Appeal of Nigeria IDRIS LEGBO KUTIGI Justice of The Court of Appeal of Nigeria OWOLABI KOLAWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
judge
rule
trial judge
counsel
chief williams
mr. ajayi
writ of summons
high court
concurrent writs
court of appeal rules
learned judge
learned trial judge
outside jurisdiction
3rd defendants
civil procedure
mere irregularity
rules of court
rules of the supreme court
set aside
case of the plaintiffs
court order
decisions of the english court of appeal
dike nworah
dunlop bio-processes international limited
effective power
effect of the writ
exercise of a discretion
exercise of the discretion
favour of a respondent
first defendant
following cases
grant leave
high court rules
interim order of injunction
jurisdiction of the high court of lagos state
justice of the case
lagos high court
limited liability company
main issues
main point
ministry of defence
o.5 r.9
plaintiff leave
prior leave of the court
reply of the plaintiff
second issue
substantive application
such findings
t. o. kuti v

KUTIGI, J.C.A. (Delivering the Leading Judgment): The Plaintiff, a limited liability company, incorporated under the laws of the Federal Republic of Nigeria commenced an action in the Lagos High Court against the defendants, four in all, on the 21st day of June 1983. Suffice it to say without going into details that the action is in relation to a breach of contract. The first defendant is an Italian company incorporated under Italian laws and carrying on business in Italy. The 2nd and 3rd defendants are employees of the 1st defendant. They both live in Italy, a foreign country as shown by their addresses endorsed by the Plaintiff on the Writ of summons. The fourth defendant representing the Ministry of Defence is the Attorney-General of the Federation who resides in Lagos, Nigeria.

On the day the writ of summons was filed, the plaintiff also filed two applications one ex parte seeking for injunction against the 1st and 4th defendants and the other which was on notice seeking from the …

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