HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgement): This is an appeal against the judgment of the Court of Appeal sitting in Lagos, delivered on 4th May, 2006. The appeal to the Court of Appeal was from the decision of D.D. Abutu. J of the Federal High Court, sitting in Lagos, delivered on 13th April, 1999.
Abutu J. had dismissed the interlocutory application of the present Appellants by which they sought an order dismissing the claims of the present Respondents on the ground that the claims are frivolous, vexatious and constitute an abuse of the process of the court.
On appeal to the Court of Appeal, the decision of Abutu J was upheld and the appeal was dismissed. It is against that decision of the Court of Appeal that the Appellants have further appealed to the Supreme Court.
The facts that led to this appeal are as follows:
The important portions of the pleadings by the Respondent at the trial court are set out as follows:
a. The 1st Plaintiff is an American company. I…