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OKOTCHA
V.
HERWA LIMITED

(2000) JELR 44147 (CA)

Court of Appeal 22 May 2000 Nigeria
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- The applicant sought to set aside the Court of Appeal’s order of 27-9-99, which granted the respondent (Telephone Cables Ltd.) leave to appeal as an interested party, extended time for appeal, and stayed execution of the lower court’s jud

Case Details

Suit Number:CA/L/394/98
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Counsel:A. D. Ologbo For Appellant Chike Ofodile, SAN (with him, C. Menegbo (Miss)) For Respondent
Other Citations:Okotcha v. Herwa Limited (2000) 15 NWLR (Pt. 690)249, (2000) 15 NWLR (Pt. 690) 249

OGUNTADE, J.C.A. (Delivering the Lead Ruling): On 27-9-99, this court upon a motion by Telephone Cables Ltd., now respondent made orders in the following words:-

"C. Court orders as prayed. Leave is granted to the applicant to appeal as an interested party against the judgment of Jinadu J. in suit No.FHC/L/CS/1044/95 delivered on 21st April, 1998.

2. Time to appeal against the said judgment is extended till today 27th September, 1991 and the Notice of Appeal dated 3rd August, 1998 marked Exhibit (FC01) is deemed properly filed.

3. Appeal is to be heard on the bundle of documents annexed and marked Exhibit FC02 and such other documents as the respondents may wish to file within 21 days from today.

4. The execution of the terms of the judgment of Jinadu J. in suit NO.FHC/L/CS/1044/95 delivered on 21st April, 1998 is unconditionally stayed pending the determination of the appeal."

Before we allowed Mr. Chike Ofodile SAN to move the application in respect of which we gave the above order…

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