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WILLIAMS & ORS
V.
ASCON OIL CO. LTD & ORS

(2018) JELR 39383 (CA)

Court of Appeal 16 Feb 2018 Nigeria
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- The case is an appeal against a ruling of the High Court of Lagos State. - The High Court held that the appellant's suit was an abuse of court process, premature, and incompetent. - Preliminary objections were filed by the respondents and

Case Details

Suit Number:CA/L/348/2015
Judges:TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Appellant absent For Appellant Chukwudi Enebe with him, Habibat Bastain for the 1st Respondent.A. O. Muheeb for the 2nd and 3rd Respondent For Respondent

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by Alogba J. on the 11th November, 2014. The action leading to this appeal was filed by the Appellants as Claimants against the Defendants/Respondents via a Writ of Summons and Statement of claim dated 4th October, 2006. The 1st Respondent upon being served with the Originating processes filed a Preliminary Objection dated 2nd of May, 2015 challenging the jurisdiction of the lower Court on the ground that the instant suit constitutes an abuse of Court process in the light of the pendency of suit No: M/83/2013 between the parties and on the same subject matter. The Appellants filed a counter-affidavit and written Address in opposition to the 1st Respondent's Preliminary Objection. The 1st Respondent subsequently filed a second Preliminary Objection premised on additional grounds. And the Appellants filed a Written Address in opposition to same.

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