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A.I.C. LIMITED
V.
TOTAL UPSTREAM NIGERIA LIMITED & ORS

(2012) JELR 35111 (CA)

Court of Appeal 20 Jun 2012 Nigeria
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Case Details

Suit Number:CA/L/1107/2010
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Counsel:L.A. Owolabi with C.C. Ezebialo and A.O. Ejiwunmi For Appellant Prof. S.A. Adesanya, SAN with G.O. Okusanya; K. Yekeen) A.B. Kasumu; Ishola Keshinro and A. Martins for- 1st Respondent/Applicant.Chukwudi Eze with Sixtirs Onuka and Oladimeji Sarumi for 4th Respondent.Ladipo Soetan with Ita Edet for 5th, 6th, 7th 8th and 9th Respondents.2nd and 3rd Respondents - absent. For Respondent

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Lead Ruling): The applicant, A.I.C. Limited brought this application praying this court to set aside its order made on the 13th June, 2011 granting leave and other reliefs to Appellant/1st Respondent to appeal on the ground that the orders of this court are a nullity because they were made without jurisdiction and per incuriam as held by the Supreme Court in SLB Consortium v. NNPC (2011) 9 NWLR (Pt. 1252) 317 per Onnoghen JSC to the effect that:

"the provisions of the Legal Practitioners Act 1990 are statutory and therefore matters of substantive law which cannot be waived.

The motion is supported with a 7 paragraph affidavit to which was annexed Notice of Motion dated 24th November, 2010. The Ruling sought to be set aside was not attached to the motion. It was in the Counter - affidavit which was deposed to by Akintola Ejiwunmi on 19th March, 2012 that the said Ruling was attached.

In paragraphs 4, 5, and 6 of the affidavit in support of t…

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