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NIGERIAN COMMUNICATIONS COMMISSION
V.
MOTOPHONE LIMITED & ANR.

(2007) JELR 47207 (CA)

Court of Appeal 10 Jul 2007 Nigeria
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- The case involves an appeal against a decision by the Federal High Court in Abuja, Nigeria. - The lower court awarded $10 million in damages against the appellant for offering to refund the 1st respondent's license fees. - The appellant r

Case Details

Suit Number:CA/A/189/05
Judges:HON. JUSTICE MARY U. PETER.ODILI Justice of The Court of Appeal of Nigeria HON. JUSTICE JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria HON. JUSTICE ABDU ABOKI Justice of The Court of Appeal of Nigeria
Counsel:D. D. Dodo SAN,Audu Anuga,Kalat Bagariya,Njideka Odili (Miss) For Appellant C. A. Candide - Johnson SAN,E. T. Amihere (Miss)Dr. (Mrs.) Ngozika Okaisabor; John Madaki For Respondent

MARY U. PETER-ODILI, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the final decision of the Federal High Court Abuja presided over by Honourable Justice S. J. Adah delivered on 8th July, 2005 by which the Lower Court awarded the sum of $10 million (Ten million dollars) against the Appellant for offering to refund to the 1st Respondent its licence fees.

The Appellant also raised objections against the suit and the claims (by way of a Notice of Preliminary Objection dated 15th October, 2005 as follows:-

1. Statute bar by virtue of the Public Officers Protection Act;

2. Lack of cause of action or reasonable cause of action

3. Lack of jurisdiction and

4. Abuse of Court process,

The Lower court dismissed these objections. It is against the dismissal of the preliminary objection, the findings and award of general damages that the Appellant has appealed to the Court of Appeal on a six ground Notice of Appeal dated 8th August, 2005.

The Grounds of Appeal shall hereunder …

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