Zumax Nigeria Limited v First City Monument Bank plc

Zumax Nigeria Limited v First City Monument Bank plc

The 2019 Claim is an abuse of process because it covers the same subject matter as the 2013 Claim, which was struck out for deliberate non-compliance with a court order. No special reason has been shown to justify continuation of the 2019 Claim. Arguments based on fraud, alleged insolvency, or outstanding Nigerian judgments do not alter this conclusion. The Joinder Application by Samuna Limited is also dismissed as a consequence.

Parties
Claimant: Zumax Nigeria Limited; Defendant: First City Monument Bank PLC; Applicant (purported Assignee, Joinder Application): Samuna Limited (formerly Zumax Estoppel Limited)
Jurisdiction
England and Wales
Judgment Date
17 November 2022
Procedural Posture
Civil Commercial / Strike Out Application (abuse of Process), Joinder Application (adjourned)
Outcome
Claim struck out as abuse of process; Joinder Application dismissed
Legal Topics
Abuse of Process, Strike Out Applications, Assignment of Claims, Fraud, Debarring Orders, Jurisdiction, Security for Costs
Civil Procedure Banking Law Contract Law Abuse of Process Strike Out Applications Assignment of Claims Fraud Debarring Orders +2 more

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Parties

Zumax Nigeria Limited

Claimant

First City Monument Bank PLC

Defendant

Samuna Limited (formerly Zumax Estoppel Limited)

Applicant (purported Assignee, Joinder Application)

Procedural Posture

Civil Commercial / Strike Out Application (abuse of Process), Joinder Application (adjourned)

Legal Issues

  1. 1 Whether the 2019 Claim should be struck out as an abuse of process following the strike out of the 2013 Claim for non-compliance with an unless order
  2. 2 Whether there is a 'special reason' to allow the 2019 Claim to proceed despite the earlier strike out
  3. 3 Whether the joinder application by Samuna Limited should be allowed

Ratio Decidendi

The 2019 Claim is an abuse of process because it covers the same subject matter as the 2013 Claim, which was struck out for deliberate non-compliance with a court order. No special reason has been shown to justify continuation of the 2019 Claim. Arguments based on fraud, alleged insolvency, or outstanding Nigerian judgments do not alter this conclusion. The Joinder Application by Samuna Limited is also dismissed as a consequence.

Court Disposition

Claim struck out as abuse of process; Joinder Application dismissed

Orders

  • The 2019 Claim is struck out as an abuse of process.
  • The Joinder Application by Samuna Limited is dismissed.