NIGERIAN BREWERIES PLC v. OLAM NIG. LTD. & 7 ORS.

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Facts:

Facts:

The 4th to 8th respondents filed a suit against the 1st to 3rd respondents at the High Court of Lagos State. The 4th to 8th respondents wanted the court to terminate a lease agreement relating to a parcel of land situate at Iganmu, Orile, Lagos State and registered with the 3rd respondent. The 2nd respondent as lessee had entered into the lease agreement with the family of the 4th to 8th respondent but later transferred its interest in the land to the 1st respondent. The 4th to 8th respondents complained at the High Court that rent became due since the 1st day of January, 2001 and that the 1st and 2nd respondent have failed, refused and neglected to renew their lease despite series of demand letters sent to them.

After being served with the originating process, the 1st and 2nd respondents filed their defence in which they averred that the lease agreement between the parties had been transferred to the appellant. They consequently, filed an application for joinder of the appellant as a co-defendant to the suit. After hearing it, the High Court granted the application and joined the appellant. The appellant was dissatisfied with the ruling of the court and filed a notice of appeal at the Court of Appeal, Lagos Division.

The 1st and 2nd respondents filed their brief while the 3rd to 8th respondents did not respond. The 1st and 2nd respondent filed an application challenging the competence of some of the grounds of appeal. They alleged that some of the grounds were mixed law and fact which require the leave of the High Court or the Court of Appeal and that having failed to seek and obtain the leave of either of the courts before filing same, that the said grounds were incompetent.

One of the issues in the substantive appeal is whether from the pleadings of the parties any cause of action was disclosed against the appellant and whether the appellant is a necessary party to the suit.

SKU: C000001106184-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , ,
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