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CITEC INTERNATIONAL ESTATE LTD & ORS
V.
FRANCIS & ORS

(2014) JELR 43017 (SC)

Supreme Court 21 Feb 2014 Nigeria
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- The case involves a point of law of constitutional importance. - The applicants filed a motion on notice seeking to set aside an order made by the court granting the respondents leave and extension of time to file an appeal. - The applica

Case Details

Suit Number:SC.116/2011
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC KUMAI BAYANG AKAAHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC JOHN INYANG OKORO JSC
Counsel:Prof. Taiwo Osipitan, SAN, with Dr. Olumide Ayeni, Esq., A. M. Kayode Esq., Ezenwa Ibegbunam, Esq. P. O. Abang, Esq., Phoebe Egbele (Miss), Festus Ukpe Esq., C. U. C. Mgbe, Esq, and Obarafor K. G. (Miss) for the Appellants/Respondents; Kehinde Ogunwumiju Esq., with Bamikole Aduloju Esq., and Bridget Omon-Oleabhiele Esq. for the 1st - 4th Respondent/Applicants; O. O. Olowolefe Esq. for the 5th Respondent.

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Ruling): The point of law involved in this ruling is a very short one. It is not new. However, it is a point of law of immence constitutional importance. The point of law we are called upon to decide is whether or not the order of this court made in Chambers on the 28th of September, 2011 granting the Appellants/Respondents leave and extension of time to file this appeal ought to be set aside ex debitio justitae.

By a motion on notice dated 9th September, 2012 and filed on the same date, the 1st - 4th, Respondents/Applicants prayed for the following orders:-

"1. AN ORDER setting aside the Order/Ruling made by this Honourable Court in Chambers on the 28th of September, 2011 wherein the Appellants/Respondents mere granted the trinity prayers to appeal against the decision of the Court of Appeal, Abuja Division in Josiah Oluwole Francis and 3 Ors v. CITEC International Estates and 6 Ors, CA/A/179/M/2007 contained in the Motion on Notice date…

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