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ABUBAKAR & ORS
V.
CEMENT COMPANY OF NORTHERN NIGERIA

(2018) JELR 39455 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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Case Details

Suit Number:CA/S/49M/2017(R)
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:E.I. Ogiza, Esq. For Appellant Kelechi D. Ogbonna, Esq. with him, Y.Y. Balarabe, Esq. For Respondent

HUSSEIN MUKHTAR JCA (DELIVERING THE LEAD RULING): This is an application by motion on notice filed on the 29th March 2017 seeking for the following reliefs:

i. An order enlarging the time within which the applicants would apply to set aside the judgment of this Honourable court in appeal No. CA/S/68/2009.

ii. An order setting aside the decision, ruling or judgment delivered on the 12th day of January 2010 in appeal No. CA/S/68/2009.

iii. And for such further or other order as this Honourable court may deem fit to make in the circumstances.

The application is supported by a 14 paragraph affidavit deposed to by the 1st applicant with three exhibits annexed and marked as exhibit 'A' (a copy of the record of proceedings of 14th October 2009), exhibit 'B' (a copy of the judgment of the court dated 12th January, 2010), and exhibit 'C' (notice of appeal to the Supreme Court).

The applicants relied on the following grounds:

1. The judgment delivered by this Honourable court on 12th day of January 2…

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