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FIRST BANK PLC.
V.
MAIWADA

(2002) JELR 53640 (CA)

Court of Appeal 27 Mar 2002 Nigeria
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- The appeal arose from an interlocutory decision by the Plateau State High Court, which dismissed an application by the appellants seeking to dismiss Suit No. PLD/J103/98 on the ground of res judicata, as the prior judgment relied upon was

Case Details

Suit Number:CA/J/162/2000
Judges:ALOMA MARIAM MUKHTAR, JCA (Presided) ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA
Counsel:D. M. Mando, Esq. - for Appellants. -*- H. N. Ugwuala, Esq. - for Respondent.

M ANGAJI, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Uloko, Chief Judge of Plateau

State dated 26/5/2000 who, in dismissing the application filed and argued by appellants’ counsel seeking for an order to dismiss suit No. PLD/J103/ 98 on the ground that the suit was caught in the web of the doctrine of res judicata concluded as follows:-

“The fact that the decision of Hon. Justice Oyetunde (exh. 3) which is being relied upon by the applicants in this application for the invocation of the plea of res judicata is still on appeal to the Supreme Court is not at all in dispute. The contention of the learned counsel for the applicants is that what is before the Supreme Court is the respondent’s request that he be allowed to comply with the conditions of appeal. This court cannot prompt the decision of the Supreme Court on the request. If the Supreme Court should allow the respondent to comply with the conditions of the appeal to the Court …

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