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DANGOTE
V.
AFRICAN PETROLEUM PLC & ORS

(2012) JELR 35481 (CA)

Court of Appeal 15 Jun 2012 Nigeria
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Case Details

Suit Number:CA/L/785/2010
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:RICKEY TARFA SAN WITH HIM FOLA SOWEMIMO (MRS.), A. MAIGWI, M. A. ADEWOPO, N. NGONADI (MRS.), G. GBADAMOSI, M. BAMIDELE, GRANT ONWUKA, E. ADEDOKUN For Appellant I. O. ANIAKOR WITH HIM PAMELA (MISS) - FOR THE 1ST - 15TH RESPONDENTS C. V. C. IHEKWEAZU WITH HIM A. C. EZE, GANI AYUBA, I. A. ONYEBUCHI - FOR THE 16TH - 25TH RESPONDENTS CHINEDU EJIABOR - FOR THE 27TH RESPONDENT UCHE V. OBI WITH HIM, A. C. UWAKWE, H. C. NWAFOR - FOR THE 28TH RESPONDENTS For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Lagos Judicial Division coram Honourable Mr. Justice Tsoho contained in a ruling in suit No. FHC/L/CS/798/2009 delivered on 22nd July, 2010 wherein the Federal High Court in determining the order of hearing of the pending applications before it, gave priority to the hearing of the 1st to 15th Respondents' application for contempt proceedings against the Appellant and fixed same for hearing without first determining the Appellant's, 27th and 28th Respondents' notices of preliminary objection challenging its jurisdiction to determine the substantive suit which notices of preliminary objection had been pending even before the issue of contempt arose.

The facts that led to this appeal are as follows:

The Plaintiffs at the trial court now the 1st - 15th Respondents had filed an originating summons with leave on 29th July, 2009 at the Federal High Court aga…

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