BARBUS & COMPANY LTD VS MRS. GLADYS OYIBOKA OKAFOR UDEJI

CORAM

TIJANI ABUBAKAR

PARTIES

BARBUS & COMPANY LTD APPELLANTS

MRS. GLADYS OYIBOKA OKAFOR UDEJI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant filed a Suit at the High Court of Lagos State, to recover the sum of N 17,776,260.00 (Seventeen Million, Seven Hundred and Seventy-Six Thousand, Two Hundred and Sixty Naira) only, being money withdrawn from Claimant’s bank account and/or collected from Claimant’s cash sales by late Azuka Joseph Okafor Udeji and appropriated for his personal purposes without consent or authorization. He also claimed in the alternative, forfeiture to the claimant of an uncompleted building along Ajoke Street, Okota, Lagos, wherein the deceased invested a major part of the said money. The Late A. J. O. Udeji had admitted same in writing during his life time that he collected the said money, and accordingly indebted to the Claimant in the said sum. The said money was trading facility granted to the Claimant for the business of cement supply and distribution. The Late Udeji was being prosecuted for stealing/conversion of the said money before he died. The Respondent as Defendant filed a notice of preliminary objection seeking a declaration that the lower court lacks jurisdiction to entertain the suit. The objection was heard and the lower court in a considered ruling stayed further proceedings in the suit pending the hearing of the suit before the Federal High Court. The Appellant being dissatisfied with the ruling has filed an appeal before this Court of Appeal.

HELD

Appeal Allowed

ISSUES

? Whether the lower court was right in staying proceedings in this suit notwithstanding its decision that the reliefs sought in the instant case and Suit No.FHC/L/CS/791/2004 are not the same?