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HEYDEN PETROLEUM LTD.
V.
PLANET MARITIME CO

(2018) JELR 38522 (CA)

Court of Appeal 4 May 2018 Nigeria
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- The appeal arose from the Federal High Court (Lagos Division) ruling which dismissed the Appellant's application to set aside the registration of a foreign (English) judgment on grounds of procedural incompetence, as the application was b

Case Details

Suit Number:CA/L/877/2016
Judges:TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Appellant absent For Appellant Ayo Olorunfemi, Gbenga Awodayo and Oluwakemi Oke For Respondent

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court sitting in the Lagos Division, delivered by M. S. Hassan J. on the 27th day of April, 2016 in Suit No: FHC/L/CS/808/2014, the Ruling is found at pages 31 - 37 of the Records of Appeal wherein the Appellant's Application to set aside the foreign Judgment registered upon the Order of the Lower Court was dismissed for reasons of incompetence having been initiated by a Motion instead of Petition.

Nettled by the decision of the Lower Court, the Appellant filed Notice of Appeal on the 9th day of May, 2016 and premised on two (2) grounds as found at pages 38 - 40 of the Records of Appeal. The Appellant's Brief of Argument was filed by Joy Amma Olutomi on the 7th day of September, 2016. The Respondent's Brief on the other hand was filed by Ayo A. Olorunfemi Esq. on the 11th day of November, 2016. The Respondent also filed a Notice of Preliminary Objection on the 11th day o…

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