CORAM

JAMES OGENYI OGEBE JUSTICE, COURT OF APPEAL

PIUS OLAYIWOLA ADEREMI JUSTICE, COURT OF APPEAL

ESO, JUSTICE SUPREME COURT

PARTIES

CIL CONSOLIDATED INVESTMENTS LTD APPELLANTS

1. FIRST BANK OF NIGERIA PLC2. THE INSPECTOR GENERAL OF POLICE3. THE HONOURABLE ATTORNEY GENERAL OF THE REPUBLIC OF NIGERIA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 2nd Plaintiff/Appellant and its Managing Director who was the 1st Plaintiff sued the Respondents at the Federal High Court, Lagos. While the 1st Plaintiff claimed damages against the 1st Defendant/Respondent for unlawful detention, false imprisonment and harassment; the 2nd Plaintiff/Appellant claimed damages against the 1st Defendant/Respondent for loss of business and forced closures caused by the Police and the P.T.F. on the instigation of the 1st Defendant/Respondents. The matter was struck out for want of diligent prosecution. The 1st Plaintiff lost interest in the case and abandoned it while the 2nd Plaintiff/Appellant filed a motion to re-list the case. The trial judge struck out the motion on the ground that the claims of the 1st Plaintiff and 2nd Plaintiff/Appellant were inseparable. Aggrieved with the trial Court’s ruling, the 2nd Plaintiff/Appellant appealed to this Court.

HELD

Appeal Dismissed.

ISSUES

Whether or not the Honourable lower court judge applied correct principles and was therefore right when he struck out the appellant’s motion to re-list suit.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

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