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(2013) JELR 35726 (CA)

Court of Appeal 1 Mar 2013 Nigeria
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- The Respondent initiated Suit No. LD/1179/2011 at the Lagos State High Court seeking monetary and declaratory reliefs against Bank PHB Plc for professional fees, interest, a solicitor’s lien, and costs. After the revocation of Bank PHB’s

Case Details

Suit Number:CA/L/165/12
Judges:IBRAHIM MOHAMMED MUSA SAULAWA JCA JOSEPH SHAGBAOR IKYEGH JCA RITA NOSAKHARE PEMU JCA
Counsel:A. A. ADEGBONMIRE WITH F. C. ANAJE For the Appellant; CHIEF WOLE OLANIPEKUN (SAN) WITH MR. DIPO OKPEBI (SAN), JACOB LADIPO, O. ONUONJI, C. O. ADONYE, M.A. AJABI SALA, UKIEZE, AYO ADESANI, O. NIYI AKANYE For the Respondent


IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is a fall-out of the ruling of the Lagos State High Court, Lagos Judicial Division, which was delivered on January 24, 2012 by the Hon. Justice A. A. Phillips, J (as the learned trial judge then was) in Suit No: LD/1179/2011. By the ruling in question, the court below granted the Respondent's (Claimant's) application seeking to substitute the Appellant for Bank PHB Plc (Defendant), and accordingly dismissed the Appellant's preliminary objection.

Dissatisfied with the said ruling, the Appellant filed the Notice of Appeal thereof on 10/02/12 in the court below. The notice of appeal is predicated upon a total of three grounds, thereby praying the court to allow the appeal, set aside the order of the court substituting the Appellant for Bank PHB, and accordingly dismiss or strike out the Respondent's application for substitution in question.

BACKGROUND FACTS:

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