T.M. LEWIN (NIG) LTD
V.
SMARTMARK LTD

(2018) JELR 38841 (CA)    

Court of Appeal  ·  CA/L/832/2015(2) ·  30 Jan 2018 ·  Nigeria
CORAM
UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
notice of appeal
parties
lower court
notice
court of appeal rules
preliminary objection
anton piller order
abimbola osarugue obaseki-adejumo
court of first instance
leading judgment
learned trial judge
motion ex-parte
paras d
a.b. sulu-gambari
appellate courts
constitutional right
continuation of an original suit
equipoise nigeria limited
exercise of the prerogative right of a party
factual errors
final court
inter alia
jamilu yammama tukur
material alteration of the parties
mobil oil nig ltd
names of the parties
nigerian air space management agency
omission of the 1st claimant
order of the lower court
related matters
reply brief
respondent counsel
respondent vide
right of appeal
rules of the court
ruling of the federal high court
said notice of appeal
settled position of law
submission of counsel
substantive appeal
summary of the case
supreme court
trial court
trite law
ugochukwu anthony ogakwu

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 …

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