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ECOBANK (NIG) LTD
V.
OLIVE ENERGY OIL & GAS LTD & ANOR

(2018) JELR 39374 (CA)

Court of Appeal 6 Feb 2018 Nigeria
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Case Details

Suit Number:CA/L/117/16
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:O.A. Divine Esq. with him, I.G. Afolabi (Miss) For Appellant Esther Ediale- for 1st Respondent.Romeo Ese Michael -for 2nd Respondent. For Respondent

CHIDI NWAOMA UWA, JCA (DELIVERING THE LEADING JUDGMENT): The appellant as applicant before the High Court of Lagos State, presided over by Oyefeso, J. was dissatisfied with the Ruling of the court delivered on the 14th day of December, 2015 refusing the appellant's application which sought to set aside and/or nullify the consent judgment entered by the lower court.

The background facts are that the 1st respondent as claimant at the lower court commenced the suit via a writ of summons dated 5th November, 2014 claiming the sum of ₦1,303,680,000.00 (one billion, three hundred and three million, six hundred and eighty thousand naira) and interest thereon, being an alleged sum paid by it to the 2nd respondent (the Defendant at the lower court) for the supply of Automotive Gas Oil (AGO). 

A few days after the suit was filed, the parties/the respondents (Claimant and Defendant) at the lower court executed a terms of settlement dated 14th November, 2014 and on the 18th day of November, 2014 the…

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