Customer Support

A. N. MOHAMMED PETROLEUM LTD
V.
AFRIBANK (NIG.) PLC

(2006) JELR 51146 (CA)

Court of Appeal 9 May 2006 Nigeria
BriefBot icon

BriefBot Summary

Free

- The applicants filed a motion seeking leave to appeal to the Court of Appeal on the ground of appeal that raises fresh issues not raised in the lower court. - The motion is supported by an affidavit and exhibits, including the judgment of

Case Details

Suit Number:CA/K/19/M/2005
Judges:BABA ALKALI BA'ABA JCA AMIRU SANUSI JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA
Counsel:Emmanuel Toro SAN (with him, S. Atung Esq.) for the Applicants/Appellants; J. N. Dangana Esq. for the Respondent.

SANUSI JCA (Delivering the Lead Ruling): On the 25th October, 2005, the applicants filed a motion on notice also dated the 25th October, 2005. The motion was brought pursuant to the provisions of section 16 of Court of Appeal Act, Cap 75, Laws of the Federation of Nigeria, Order 3, rule 3(1) and (16) of the Court of Appeal Rules, 2002, and under the inherent power and jurisdiction of this court. The applicants are seeking the undermentioned reliefs:-

(i) An order granting the appellants/applicants leave to appeal to the Court of Appeal on the ground of appeal set out in terms of the document titled ‘schedule of ground of appeal’ which is annexed to the affidavit and marked exhibit PA4 which said ground raises for the first time, fresh issues which were not raised and determined by the High Court of Justice, Kaduna in this case.

(ii) An order upon granting prayer (1) supra, granting the appellants/applicants leave to amend the notice of appeal in this appeal by incorporating therein t…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.