National Insurance Commission & Ors. V. Acen Insurance Co. Ltd. & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

RHODES-VIVOUR, J.C.A.

The plaintiffs are the respondents in this appeal. The defendants are the appellants. The plaintiffs sued the defendants on an Originating Summons for Declarations and an injunctive relief.

The suit came before Hon. Justice SJ. Adah of the Federal High Court, Abuja Judicial Division.

The defendants filed a preliminary objection seeking an order dismissing the Suit for lack of jurisdiction, and their learned counsel insisted on his preliminary objection being heard first. S.J. Adah J, thought otherwise and on 22/6/05 ordered that the preliminary objection and the substantive matter shall be heard together.

Dissatisfied with the order of the learned trial Judge the defendants, now as appellants quickly filed a notice of appeal on 29/6/05. Thereafter, both sides proceeded to file multiple applications, and so on 11/5/06 we ordered counsel to file written addresses on all the motions/applications/processes pending before us.

For clarity the motions/applications/processes filed by the appellants are:

(i) Motion for extension of time to seek leave to appeal.

(ii) Notice of preliminary objection to respondents Motion for Interlocutory Injunction.

(iii) Written address,

(iv) Supplementary written address

And for the respondents:

(i) Motion on Notice seeking Interlocutory Injunction.

(ii) Preliminary objection to the appeal.

(iii) Written address.