Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IKENTA BEST (NIGERIA) LTD
V.
AG RIVERS STATE

(2008) JELR 49428 (SC)    

Supreme Court  ·  SC.107/2004 ·  15 Feb 2008 ·  Nigeria
 · 
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
Ikenta Best (Nig.) Ltd. v. A.-G., Rivers State (2008) 6 NWLR (Pt. 1084) 612
CORAM
NIKI TOBI JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC

Ratio Decidendi

Core Terms Beta
respondent
appeal
1st defendant
court of appeal
2nd defendant
extension of time
grounds of appeal
substantial reasons
affidavit evidence
16th april
court of appeal rules
good cause
senior counsel
joinder of the respondent
notice of appeal
suit no. phc
prima facie show
support of the application
affidavit of the parties
appellant's brief
circumstances of the facts
court's exercise
exercise of the court
lower court's exercise
dismissal of the 1st defendant
first issue
judgment of justice t.k. osu j
office of the attorney-general
prima facie grounds of appeal
said government of rivers state
affidavit-evidence of the parties
attorney-general of the federation v
briefs of argument
chief m.i. ahamba san
court of appeal suo motu
deeming order
error of judgment of the applicant
grant of an application
grant of leave
ikonne's case
leading judgment
majority decision of akintan
office of attorney-general of the federation
respondent's brief
sole defendant
split decision
substantial questions
such grounds of appeal
view of paragraphs
west african glass industries

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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