CORAM

PARTIES

MR. OSA OSUNDE APPELLANTS

ECOBANK NIGERIA PLC (FORMERLY OCEANIC BANK INTERNATIONAL PLC) SUBSTITUTED BY ORDER OF THE COURT MADE ON THE 17TH DAY OF FEBRUARY, 2016 RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent herein as Claimant instituted an action in the High Court of Lagos State, Lagos Judicial Division against the Appellant as Defendant claiming the sum of N 1, 223,503,001.69 (One Billion Two Hundred and Twenty Three Million, Five Hundred and Three Thousand One Naira and Sixty Nine Kobo) being amount outstanding on the facility, the sum of N 1,000,000,000.00 granted to the Appellant’s company, interest on the said sum at the agreed rate of 17% per annum till judgment is delivered and thereafter a post judgment interest rate of 10% per annum until the final liquidation of the judgment debt by the Defendant including the cost of instituting the action. Upon service of the Respondent’s processes including a motion on notice for summary judgement on the Appellant, the latter rather than file a statement of defence and other processes as required by Order 11 Rule (4)(4) of the Lagos State High Court(Civil Procedure)Rules filed a preliminary objection challenging the jurisdiction of the Court to hear the suit and sought an order striking out same. The Respondent subsequently applied for the issuance of pre-hearing Notices which pre-hearing Information Sheet was completed by the Appellant who provided answers to the questions therein. Both applications were heard by the court and the Appellant claimed that the court suo motu dispensed with the mandatory requirement for Pre-Trial Conference and ordered that the two pending applications be argued immediately. Dissatisfied with this interlocutory ruling of the trial court, the Appellant has appealed against the ruling.

HELD

Appeal Dismissed.

ISSUES

?    Whether the provisions of Order 25 of the High Court of Lagos State (Civil Procedure) Rules 2004 provide for the mandatory holding of Pre-Trial Conference?    Whether the ruling of the Learned Trial Judge dispensing with Pre-Trial Conference, was made in disregard to the provisions of Order 25 of the High Court of Lagos State (Civil Procedure) Rules 2004 which provides for the mandatory holding of Pre-Trial Conference?    Whether the decision of the Learned Trial Judge to act outside the provisions of Order 25 of the High Court of Lagos State (Civil Procedure) Rules 2004 was in the interest of justice.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

High Court of Lagos State (Civil Procedure) Rules, 2004

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