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PIPELINE ENGR. GMBH
V.
RHODES

(1999) JELR 72435 (CA)

Court of Appeal 14 Jun 1999 Nigeria
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Case Details

Judges:GEORGE ADESOLA OGUNTADE, J.C.A. (Presided and Read the Leading Ruling) IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A., PIUS OLAYIWOLA ADEREM1, J.C.A.
Counsel:G. B. Fasoto (Mrs) (with her, B. Y. Ogun) - for the Applicant R. A. Oluyede (with him, M.Ben Okafor and V. Ekim) - for the Respondent
Other Citations:(1999) 12 NWLR (Pt. 630) 217

OGUNTADE, J.C.A. (Delivering the Leading Ruling): In this application, the applicant seeks the following:

"(1) An order enlarging the time within which the appellant/applicant may appeal against the order of Mareva Injunction and all other analliary orders made Ex-parte pending the determination of the suit by Honourable Justice Olugbani of the High Court of Lagos State, Lagos Judicial Division in the ruling delivered on the 7th October,1998.

(2)An order that Notice of Appeal already filed should be deemed as having

been properly filed.

(3)An order staying further proceedings in the lower court pending thehearing and determination of the appeal lodged at the Court of Apeal in respect of this suit.

(4)An order of accelerated hearing of the appeal."

The respondent filed on 22-4-99 a Notice of Preliminary Objection wherein it was contended that the application was incompetent for the reason that the application was not made in the first instance at the lower court.

We heard arguments on 11 -5-9…

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