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AJUWA & ANOR.
V.
SPDC NIGERIA LTD

(2008) JELR 33675 (CA)

Court of Appeal 21 Jan 2008 Nigeria
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- The respondents/plaintiffs are requesting the court to dismiss or strike out the substantive appeal filed by the defendant/appellant for being an abuse of court process, incompetent, invalid, and null and void. - The application is based

Case Details

Suit Number:CA/A/209/2006
Judges:RABIU DANLAMI MUHAMMAD JCA OYEBISI FOLAYEMI OMOLEYE JCA ABDU ABOKI JCA
Counsel:Tayo Oyetibo, SAN (with him, K. Ononuju, Yomi Akinlagun and D.E. Oduma For the Appellant; Chief Richard Akinjide, SAN (with him, Chief T.J.O. Okpoko ,SAN; Prof. F. Oditah QC, SAN; O.A. Akoni, SAN; C.A. Ajuyah; Kenneth Obisike; R. Hassan -Ahmed [Mrs.] and B.B. Lawal) for the Respondent.
Other Citations:Ajuwa v. S.P.D.C. (Nig.) Ltd. (2008) 10 NWLR (Pt.1094)

OMOLEYE, J.C.A. (Delivering the Lead Ruling): This is an application at the instance of the respondents/plaintiffs (hereinafter referred to as the applicants) praying this court for an order, dismissing or striking out the substantive appeal for being a flagrant abuse of court process, incompetent, invalid, null and void. The application is predicated on the following amended grounds:

"(i) The judgment of the lower court (per Okechukwu Okeke, J.) herein appealed against was delivered on February 24, 2006.

The defendant/appellant herein purportedly lodged an appeal against the said judgment vide its notice of appeal endorsed and filed in the registry of the lower court on the same date (i.e. February 24, 2006) at 10:45am.

(iii) The delivery of the judgment of the lower court which commenced at 10.15am lasted about three hours and was not concluded until about 12:30p.m.

(iv) As at 10.45am on 24/2/2006 when the defendant/appellant purported to have filed its notice of appeal there was n…

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