JULIUS SYLVESTER BORTEY ALABI
V.
PARESH, DEE JAY, B5 PLUS COMPANY LIMITED

JUDGMENT

DOTSE, JSC

BRIEF FACTS

On the 2^nd of August 2016, the Plaintiff/Respondent/Appellant, hereafter Plaintiff, filed an Interlocutory Appeal pursuant to special leave granted on 28/7/2016 against the Ruling of the Court of Appeal duly constituted, dated 11^th May 2016 which was a Ruling procured at the instance of the Defendants/Appellants/Respondents, hereafter Defendants with the following as the grounds of appeal:-

2. Part of the Ruling Complained of

The whole Ruling varying the order of the single Justice dated 12^th April 2016.

3. GROUNDS OF APPEAL

a. The Court of Appeal erred when it relied on paragraphs 5, 7, 10, 14, 15 and 16 of Defendants affidavit in support to vary the order of the single justice on the ground only that Defendants raised the issue of jurisdiction.

b. In varying the order of the single Justice, the Court of Appeal erred in failing to consider adequately or at all, Plaintiff’s affidavit in opposition on the issue of service of hearing notices on Defendants and of …