(2006) JELR 46015 (CA)    
Court of Appeal  ·  CA/A/126/M/2002 ·  14 Dec 2006 ·  Nigeria
Other Citations
N.H. Intl S.A. v. N.H.H. Ltd. (2007) 7 NWLR (Pt.1032) pg.86
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
said federal high court
jurisdiction of the trial court
1st respondent nicon hilton hotels
noga hilton hotels of the 1st defendant
learned trial judge
said dismissal
proper exercise of judicial discretion
27th september
leading judgment
trial court
affidavit of the appellant address
appellant set
rules of procedure of the court
incorporation of the 1st respondent
enlargement of time
ruling of the federal high court abuja coram
default judgment of dismissal
property of the 1st defendant
professor s. a. adesanya
separate motions
abuja division of the federal high court
annual vacation of the trial court
sufficient cause show
single issue
1st respondent
mistake of mr. a. o. alomi
such cause
attorney-general anambra state
default judgment
judicious exercise of discretion
mr. olakunle alimi esq
judgment fails
said 28th september
order of perpetual injunction
counter claim
learned san
circumstances of this case
professor s. a. adesanya san
1st defendant
ill health of the counsel
present suit
dismissed suit

MARY U. PETER-ODILI, J.C.A (Delivering the Leading Judgment): This is an appeal from the Ruling of the Federal High Court Abuja Coram: Hon. Justice O.J. Okeke refusing to grant an enlargement of time within which the appellant may apply to set aside the default judgment of dismissal and an order setting aside the said dismissal. There is still pending in the said Federal High Court a Counter-claim still to be heard and determined.


The Appellant commenced the action by way of Originating Summons later converted to Statement of Claim and claimed against the defendants including the 2nd Respondent jointly severally as follows:-

(a) A declaration that the purported take-over or deconsolidation of the assets notably the NICON/NOGA HILTON HOTELS of the 1st Defendant by the Defendants is illegal, null and void and of no effect or consequence whatsoever.

(b) An order of perpetual injunction restraining the Defendants, their servants, agents and/or privies including anyone…

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