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IKENTA BEST (NIGERIA) LTD
V.
AG RIVERS STATE

(2008) JELR 49428 (SC)

Supreme Court 15 Feb 2008 Nigeria
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- The plaintiff obtained judgment in 1996 against the defendants (including the Attorney-General of Rivers State, joined as 2nd defendant), who failed to defend or participate in both High Court and Court of Appeal proceedings, despite bein

Case Details

Suit Number:SC.107/2004
Judges:NIKI TOBI JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC
Counsel:Chief M. I. Ahamba, SAN; with him Chief I. Nkire, Esq., C. U. Ekomaru Esq., and U. Emenyonu For Appellant Respondent not represented. For Respondent
Other Citations:Ikenta Best (Nig.) Ltd. v. A.G., Rivers State (2008) 6 NWLR (Pt.1084) 612 (2008) 2-3 S.C. (Pt I) 1, (2008) JELR 52593 (SC)

F.F. TABAI, J.S.C. (Delivering the Leading Judgment): The process which has given rise to this appeal was initiated at the Court of Appeal, Port Harcourt Division. It was a motion filed therein on the 19/8/2003 by the Respondent herein. The motion prayed for:-

(i) Extension of time within which the Appellant/Applicant can apply for leave to appeal against the judgment of Justice T.K. Osu of the Rivers State High Court delivered on the 16th April 1996 in Suit No. PHC/1097/94.

(ii) Leave to appeal against the judgment of Justice T.K. Osu J delivered on the 16th April 1996 in Suit No. PHC/I097/94.

(iii) Extending the time within which to appeal against the judgment of Justice T.K. Osu J delivered on 16th April 1996 in Suit No. PHC/1097/94.

(iv) Deeming as properly filed and served the Notice of Appeal already filed and served in this Suit.

By a split decision on the 13th of November 2003 the application was granted. Implicit in the majority decision of Akintan, (J.C.A.) (as he then was…

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