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MAINSTREET BANK REGISTRARS LTD
V.
ETIM

(2016) JELR 41088 (CA)

Court of Appeal 9 Mar 2016 Nigeria
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Case Details

Suit Number:CA/L/1255/2014
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:Dr. Charls D. Mekwunye For Appellant Mr. Paul I. Okoh, Esq. For Respondent
Other Citations:(2016) JELR 56456 (CA)

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal is interlocutory, arising from the Ruling of the National Industrial Court, Lagos Division, delivered on the 26th of November 2014, in Suit No.NICN/LA/513/2013. The respondent herein, was the claimant at the National Industrial Court, and the originating processes were filed on the 26th September, 2013. The appellant herein, was the respondent and it filed its defence to the claim. Thereafter, the then claimant filed a Reply. As the defendant was opposed to it, he filed a Motion dated the 24/1/14 to strike it out. He argued the Motion on the 5th of March 2014 (page 237 of the record). The Court on the same date, refused the application, holding that it was competent. The case was then adjourned to the 27th of May, 2014 for hearing, with consent of both counsel. On the resumed date of 27th May 2014 for hearing, the defendant and his counsel were both absent, but a letter was written to the Court praying for ad…

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