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SAM ATUN (NIG) LTD
V.
OLLOH

(2026) JELR 115310 (CA)

Court of Appeal 13 May 2026 Nigeria
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Case Details

Suit Number:CA/IB/90/2015
Judges:Biobele Abraham Georgewill, JCA, Kenneth Ikechukwu Amadi, JCA, Fadawu Umaru, JCA
Counsel:F. O. Animashaun, Esq. for the Appellant(s) The Respondent, though served with Hearing Notice on 2/3/2026 through counsel on Phone No. 08033837061, was neither present nor represented by counsel at the hearing of this Appeal for the Respondent(s)
Location:Ibadan

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Ogun State, Ota Division, Coram: A. A. Babawale J, in Suit No. HCT/291/2010: Mr. Charles Olloh (Suing by his Attorney, Oluwaseun Twins Moderates Ltd) V. Sam Atun Nigeria Limited delivered on 23/3/2015, in which the Preliminary Objection filed by the Appellant as Defendant challenging the competence of the Respondent as Claimant’s suit was dismissed. 

The Appellant was peeved with the said ruling and had appealed against it vide his Notice of Appeal filed on 7/4/2015 on four Grounds of Appeal. See pp 143-148 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 4/5/2015 and was deemed and properly transmitted on 4/12/2024. The Appellant filed the Appellant’s brief on 20/12/2024, which was duly served on the Respondent on 9/1/2025. However, the Respondent did not file any brief. Consequently, the appeal was heard on the Appe…

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