Ratio DecidendiRatio Decidendi


(2008) JELR 49512 (CA)    
Court of Appeal  ·  CA/L/712/2006 ·  29 Apr 2008 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
oil mining lease
21st march
trial court
brief of argument
following issues
judicial review
legitimate expectation
remaining portion
1st march
9th day of may
advisory opinion
auction of the said oil
chief judge of the federal high court
china national petroleum corporation
civil procedure
determination of the application
federal high court coram mustapha
fresh issue
grant of oil mining licence
grant of opl
grant of this leave
grounds of appeal
hearing of the appeal
inapplicable time bar
ine natural resources expl
injunctive reliefs
interlocutory injunction
leading judgment
learned judge
life of the disputed license
motion ex parte
oil block
oil mining licence
ongc mittal
ongc videsh
order of injunction
public officer protection act
raphael chikwe agbo
respect of the decision of the respondent
respondent cross
second oml
seizure of the extant portion
trial judge

ISA AYO SALAMI, JCA, OFR (Delivering the Leading Judgment): The Federal High Court Coram Mustapha, J (as he then was) on the 9th day of May, 2006, upon a motion ex parte ordered as follows-

"1. That leave is granted to the Applicant to apply to this court for Judicial Review in respect of the decision of the Respondent communicated in letters dated 1st March, 2006 and 21st March, 2006 purporting to expropriate forthwith the Applicant's rights, interest and legitimate expectation in oil prospecting licence 246 (OPL 246) and to auction to third parties on 19th May, 2006 the Oil Block 246 in which the Applicant has extant rights, interest and legitimate expectation.

1. That the application shall be by originating motion and same shall be served on the Respondent as well as ONGC Mittal, Global Steel Holding, INE Natural Resources Expl., China National Petroleum Corporation, Clean Waters Consortium, Transnational Corporation, NAOC/Lotus, ONGC Videsh, BG/Sahawa, Ni-De1ta United Oil Company …

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