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INVESTORS INTER. LTD VS FIRST BANK OF NIGERIA PLC

(2007) JELR 48094 (CA)

Court of Appeal 3 Apr 2007 Nigeria
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Case Details

Suit Number:CA/L/456/2005
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Counsel:A. A. Olawoyin with him J. O. Omisade For Appellant O. Opasanya For Respondent

ISA AYO SALAMI, OFR, J.C.A.: (Delivering the Leading Judgment): The claim leading to this appeal was initiated by a writ of summons accompanied by a statement of claim. The claimant's claims are for US $118,821,947.00 said to be the aggregate sum of the principal, accrued interest and under writing fees due under a loan guarantee by the defendant together with interest thereon at the rate of 7% per annum; injunction restraining the defendant from disposing or dissipating its assets pending the determination of the suit.

This was followed by a spate of applications viz:-

(a) Claimant's motion for summary judgment dated 13/7/2004;

(b) defendant's first notice of preliminary objection to the court's territorial jurisdiction;

(c) claimant's motion dated 25/8/2004 for injunction and order to strike out the defendant's notice of preliminary objection;

(d) defendant's second notice of preliminary objection dated 22/9/2004 for order to strike out the claimant's motion on notice dated 25/8/200…

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