OKOMU OIL PALM COMPANY PLC
V.
NANAGHAN

(2001) JELR 57760 (CA)    

Court of Appeal  ·  CA/L/37/99 ·  23 Apr 2001 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE, JCA (Presided) SULEIMAN GALADIMA, JCA (Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA
Core Terms Beta
application
order
appellants
stay of proceedings
appeal
court
days
notice of appeal
appellants’ notice
case
ground of appeal
lower court
learned counsel
respondents
suit no. fhc
applicant
enlargement of time
ground
lead judgment
said notice of appeal
19th day of june
alex uzebu
circumstances of this case
cognizance of plethora of authorities
common sense
contention of mr. alex uzebu
contention of the learned counsel
copy of the records of proceedings
counsel
date of event
days period
endorsement of the federal high court cashier
following orders
general policy of the law
interpretation act cap
mr. mark emordi
mr. oje alexander uzebu of counsel
oje alexander uzebu
order of this honourable court
orders of this court
particular event
point of law
principle of general acceptance
principle of the exclusion of the day
relevant paragraphs of the affidavit
support of this application
support of this view
technical rule of construction
wrong date of adjournment

GALADIMA, JCA (Delivering the Lead Judgment): This is an application brought by the respondents, praying for the following orders: “1. An order striking out the appellants’ notice of appeal dated 19th day of June, 1997, on the ground that the said notice of appeal is incompetent. 2. An order setting aside the order of this Honourable Court for stay of proceedings in suit No. FHC/L/CS/1032/94 which was predicated on the appellants’ notice of appeal dated 19th of June, 1997. The ground upon which this application is made is that no appeal is pending before this court.

The relevant paragraphs of the affidavit in support of this application are as follows: “3. That the appellants in this case filed an application for “enlargement of time within which to appeal against the interlocutory decision of Honourable Mr. Justice Jinadu of the Federal High Court before whom the substantive suit is still pending. This court on the 12th of June, 1997, granted an order enlarging the time within which…

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