T.M. LEWIN (NIG) LTD
V.
SMARTMARK LTD
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Lagos division; coram SAIDU, J., delivered on the 14th of May, 2015 wherein the Appellant's suit was struck out on the ground that the Anton Piller Order was not properly obtained.
The summary of the case is that the Appellant as Claimant before the lower Court commenced action against the Respondent vide a writ of summons and statement of claim dated 25th August, 2014 and filed along with it a motion ex-parte and motion on notice seeking Anton Piller Order against the Respondent and the class of persons it represents. On the 1st of September, 2014, the lower Court per ABANG, J., heard the motion ex-parte and granted the Anton Pillar Order as sought in the application of 25th August, 2014.
Subsequently, the Respondent filed a Motion on Notice dated 23rd March, 2015 seeking an order of the lower Court discharging the Anton Pillar order. In response to …