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METAL CONSTRUCTION (WEST AFRICA) LTD
V.
MIGLIORE & ORS

(1990) JELR 43015 (SC)

Supreme Court 2 Feb 1990 Nigeria
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- The appellant (plaintiff at the Federal High Court) attempted to appeal against a Court of Appeal order setting aside an earlier directive to serve appeal papers on Messrs. Kehinde Sofola & Co., a firm of solicitors previously involved fo

Case Details

Suit Number:SC.251/1985
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:Kayode Sofola For Appellant Chief F.R.A. Willaims S.A.N.(with Miss M.O.A Ayeni and T.E Williams Esq.) For Respondent
Other Citations:Metal Const. (W.A.) Ltd. v. Migliore (1990) 1 NWLR (Pt.126)299 (1990) 1 All N.L.R 142 (1990) 2 S.C 33

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The point of law involved in this ruling is for a determination whether the only ground of appeal, filed in this appeal consists of a question of law alone in which case appellant does not require leave of the court to appeal to this court. Leave is required if it is otherwise. The solitary ground of appeal under consideration with particulars reads:

"The Court of Appeal erred in law in setting aside the order made on 17th April, 1985.

Particulars

(1) The application to set aside the order should have been refused because of the delay of over two months by the applicant in moving to set it aside.

(2) Upon all the facts before the Court of Appeal, it was evident that counsel instructed by Messrs. Kehinde Sofola and Company had appeared before the Federal High Court on behalf of D. A. Migliore, A. Mangili and C. Mangili. Consequently, it was quite proper for the Court of Appeal (a different panel) to order, as it did on 17th April, 19…

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