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N.I.W.A
V.
S.P.D.C. (NIG.) LTD

(2011) JELR 51101 (SC)

Supreme Court 28 Jan 2011 Nigeria
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- The applicant/appellant filed an application for an enlargement of time to compile the record of appeal in this case. - The applicant/appellant had previously applied for an order to compile the record of appeal out of time, but it was re

Case Details

Suit Number:SC.4/2008
Judges:MUNTAKA-COOMASSIE JSC (Delivered the Lead Ruling) ALOMA MARIAM MUKHTAR JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC BODE RHODES-VIVOUR JSC
Counsel:Chief Richard Akinjide SAN (with him, Olushola Abiloye) - for the Appellant/Applicant. -*- Mrs. Chinasa Unaegbunam (with her, Nathaniel Atigi and Miss -*- Onyinye Akunna) - for the Respondent.
Other Citations:NAT. INLAND WATERWAYS AUTH. V. S.P.D.C. NIG. LTD. (2011) 6 NWLR 618, (2011) JELR 48427 (SC)

MUNTAKA-COOMASSIE JSC (Delivering the Lead Ruling): By an application dated 29 April 2010, the applicant/appelant prayed for the following reliefs:

1. An order for enlargement of time within which the appellant/ applicant may compile the record of appeal in this appeal.

2. An order deeming the record of appeal already compiled by the applicant and attached to the affidavit of Onyinye Akuma as exhibit OA1 as having been duly and properly compiled and served.

3. An order abridging the time within which the appellant may file its appellant’s brief to the time of filing of this application and an order deeming as properly filed contemporaneously with this application.

The application was supported by an affidavit sworn to by one Onyinye Akuma. As disclosed in the affidavit, the applicant had earlier applied to this court for an order to compile the record of appeal out of time. This application was refused in chambers as some pages of the proposed record of appeal were not legible. This appli…

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