(2011) JELR 38820 (CA)    

Court of Appeal  ·  CA/A/192/M/2003 ·  12 Apr 2011 ·  Nigeria
MOHAMMED LAWA GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
reasonable cause of action
2nd respondents
learned counsel
1st plaintiff
3rd defendants
1st appellant
4th defendant
grounds of appeal
2nd defendants
trial court
said opl
sombriero oil limited
appellants statement of claim
decision of the federal high court
notice of appeal
production of oil
3rd respondent
briefs of argument
judicial proceedings
limited liability company
1st issue
1st respondent
circumstances of this case
constituent of the statement of claim
copy of the memorandum
details of plaintiffs
directors of the said 1st plaintiff
drilling of the oil
fraudulent change
leave of the court
name of the allottee
owner of oil
part of the 4th respondent
prima facie show
said decision
second issue
stage of proceedings
statement of material facts
successive companies
tabiowo v. disu
terms of the offer letter

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment):This appeal is from the decision of the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/437/2001 delivered on the 10/6/2003 dismissing the Appellant's suit for non-disclosure of a cause of action.

With the leave of the Court, a notice of appeal containing three grounds was filed on the 22/2/07 against the said decision and pursuant to the requirement of the Rules of Court, parties filed briefs of argument in support of their respective positions in the appeal.

The Appellants' brief filed on 23/9/08 was deemed on the 17/2/09, the 1st and 2nd Respondents' brief was filed on the 26/3/09 and the 4th Respondent's brief was filed on the 23/3/10 as directed by the court on the 16/3/10. There is no record that the 3rd Respondent had filed a brief in the appeal though duly served with all the processes thereof, but in particular, the Appellants' brief.

On the 1/3/11 when the appeal came up for oral hearing in Court, Mr. Okey Uzoh…

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