Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NATIONAL INSURANCE COMMISSION & ANOR.
V.
FIRST CONTINENTAL INSURANCE COMPANY LTD.

(2006) JELR 49341 (CA)    
Court of Appeal  ·  CA/L/393/03 ·  26 Jun 2006 ·  Nigeria
 · 
Other Citations
N.I.C. V. F.C.I. Co. Ltd. (2007) 2 NWLR (Pt.1019) p.610
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
parties
appellants
issues
suit no. fhc
rem judicata
plaintiffs
present case
10th december
estoppel
rem judicatam
abuse of the process of court
common cause of action
previous action
brief of argument
first issue
honorable trial court
insurance companies
previous case
second issue
conditions precedent
insurance decree
present actions
present proceedings
present suit no. fhc
previous decision
subject matter of the litigation
appellants plea of res judicata
existence of the strict conditions
final judgment
findings of the learned trial judge
first case
grounds of appeal
imminent threat of the defendant
leading judgment
lead judgment of my lord
likely hold
notice of appeal
order of this court
present respondent
res judicata
respondent's suit
ruling of the federal high court
ruling of the lower court of the 22nd day
said suit no. fhc
second action
second ground of appeal
sotonye denton-west
trial court
view of the earlier court decision

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…

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