NATIONAL INSURANCE COMMISSION & ANOR.
FIRST CONTINENTAL INSURANCE COMPANY LTD.
SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court (Lagos Division) of the 22nd day of July, 2003 per Abutu, J. wherein the trial court refused to dismiss suit No. FHC/L/CS/854/99 for being estoppel barred and an abuse of the process of court.
The appellants, who were the defendants at the court below being dissatisfied with the ruling filed a notice of appeal in this court dated the 1st day of August, 2003 and raised three grounds of appeal;
1. Ground One
The honorable trial court erred in law when it held that the parties and the issues in suit No. FHC/L/CS/26/99 and suit No. FHC/L/CS/854/99 are not the same whereas the parties and the issues in the two suits are essentially and circumstantially the same with each other.
2. Ground Two
The honorable trial court rightly found as a fact that the two suits (suit No. FHC/L/CS/26/99 and suit No. FHC/L/CS/854/99) have a common cause of action, was wrong in law to s…