Legalpedia Citation: (2011-01) Legalpedia (SC) 18381
In the Supreme Court of Nigeria
Fri Jan 14, 2011
Suit Number: SC.101/2010
CORAM
ONNOGHEN JUSTICE, SUPREME COURT
MUHAMMED JUSTICE, SUPREME COURT
COMMASSIE JUSTICE, SUPREME COURT
PARTIES
SHINNING STAR NIGERIA LIMITEDMR. SATISH CHANDER KASHYAP APPELLANTS
ASK STEEL NIG. LTD AND 2 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants were unhappy over the resolutions passed by the Board of Directors of the 1st Respondents, they filed this suit and as well as several applications. They filed Interlocutory appeal to the Court of Appeal which was not allowed and further appealed to the Supreme Court.
HELD
Interlocutory appeal struck out
ISSUES
None.
RATIONES DECIDENDI
LIMITATION OF INTERLOCUTORY APPEAL
“A court cannot, in an interlocutory application, decide an issue in the substantive case or appeal”. Per F.F. TABAI, JSC
CASES CITED
1. AKAPOR Vs HAKEEM HABEEB (1992) 6 NWLR (Part 249) 266,
2. VICTORY MERCHANT BANK LTD Vs PELFACO LTD (1993) 9 NWLR (Part 317) 340;
3. AMIARA Vs ALO (1995) 7 NWLR (Part 409)623;
4. A.C. B. LTD Vs AWOGBORO (1996) 3 NWLR (Part 437) 383″.
STATUTES REFERRED TO
1. The Court of Appeal Rules 2007.
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