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THE HONDA PLACE LTD
V.
GLOBE MOTORS HOLDINGS LTD

(2001) JELR 52772 (CA)

Court of Appeal 7 Jul 2001 Nigeria
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- The applicant was the defendant in a suit before the High Court, where the respondent brought a claim against them. - The applicant raised a plea of Estoppel per res judicata, but the objection was overruled by the lower court. - The appl

Case Details

Suit Number:CA/L/164/99
Judges:SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA
Counsel:Mr. J. A. Badejo - for the Applicant. -*- Mrs. S. W. Oyewole with Mr. O. Onile - Ere - for the Respondent.

OGUNTADE, JCA (Delivering the Lead Ruling): The applicant was the defendant in suit No. ID/915/98 before the High court, Ikeja where therespondent as plaintiff brought a suit against it. The applicant raised a plea of Estoppel per res judicata by a motion against the claim of the plaintiff. The lower court overruled the objection. The applicant brought an appeal before this court. On 12th December, 2000, we delivered our judgment. We dismissed the appeal by the applicant. The applicant was dissatisfied with our judgment and has appealed against it to the Supreme Court. The applicant now brings the present application for an order staying further proceedings in the suit at the lower court pending the determination of the appeal to the Supreme Court. We heard the application on 16/5/2001. Mr. J. A. Badejo, of counsel for the applicant moved the application. He submitted that if the appeal to the Supreme Court succeeded the suit beforethe lower court would be dismissed and that the i…

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