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WELKO INDUSTRILE SPA MILAN
V.
J. I. NWANYANWU AND SONS ENT (NIGERIA) LTD.

(2000) JELR 47970 (CA)

Court of Appeal 24 May 2000 Nigeria
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- The case concerned whether the respondent/applicant could obtain extension of time and leave to file an application to set aside a Court of Appeal order made in their absence on 18/10/99, which struck out their earlier motion. - The respo

Case Details

Suit Number:CA/391/96
Judges:ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Counsel:B.I.D. Ezeogu (with him, C. I. Ndego Esq.) For Appellant Ademola Akinrele, S.A.N. (with him, A. A. Adeyemi (Miss)) For Respondent
Other Citations:W. I. SPA Milan v. J. I. Nwanyanwu & Sons (2001) 1 NWLR (Pt.693)32

GALADIMA, J.C.A. (Delivering the Lead Ruling): On 30/3/98 respondent/appellant filed motion on notice for preliminary objection and pray for an order dismissing and/or striking out the appellant's notice of appeal dated 4/3/96 filed by the law firm of Messrs Akinrele and Co., purportedly acting as counsel for the defendant/appellant as it constitutes an abuse of the process of the court.

The grounds of objection were stated as follows:-

"(a) The plaintiff/respondent/applicant is served with two notices of appeals dated 4/3/96 and 23/5/96 filed by the law firms of Messrs Akinrele and Co. and Messrs S.I.O. Okpuno and Co., respectively on behalf of the defendant/appellant.

(b) The law firm of Messrs Akinrele and Co. is not properly before the Honourable Court as the issue of representation of both counsels for the defendant for the purpose of appeal that arose during proceedings at the court below had not yet been determined by the lower court.

(c) The preliminary objection dated 14/6/…

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