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DEKIT CONSTRUCTION LTD & ORS
V.
AMCON

(2018) JELR 39607 (CA)

Court of Appeal 21 Feb 2018 Nigeria
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- The Appellants/Applicants filed an application to set aside the ruling of the Court that dismissed their appeal for lack of diligent prosecution. - The Appellants/Applicants argued that the failure to file the Appellants' Brief of Argumen

Case Details

Suit Number:CA/IB/M393/2017(R)
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:J.A. Badejo, SAN with him, F.D. Oloruntoba, Esq. and Agba Eimunjeze, Esq. For Appellant A. N. Uthman, Esq. with him, K. I. Tijani, Esq. and A. T. Salaudeen, Esq. For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Lead Ruling): This is an application by motion on notice brought by the Appellants/Applicants praying for the following orders:

"1. Setting aside the Ruling of this Honourable Court delivered on 29th September, 2017 dismissing Appeal No. CA/IB/255/17 between Dekit Constructions Limited and 2 Ors v. Asset Management Corporation of Nigeria.

2. Restoring to the Cause List the Notice of Appeal filed on 5th June, 2017 against the Judgment of the Federal High Court Coram Honourable Justice N. Ayo-Emmanuel in Suit No. FHC/IB/CS/58/2016 between Asset Management Corporation of Nigeria V. Dekit Constructions Limited and 2 Ors.

3. Extending the time within which to properly file the Appellants Brief of Argument.

The Grounds for the application as set out on the motion paper are as follows:

"1. The Lower Court had delivered Judgment against the Appellants on 9th May 2017.

2. In a bid to diligently prosecute the Appeal against the Judgment, the Appellants p…

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