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ADDAX PETROLEUM DEV CO. LTD. V. NZE AMAKONZE OHAEGBULEM & ORS.

(2009) JELR 47396 (CA)

Court of Appeal  •  CA/PH/421/05  •  2 Apr 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A, (Delivering the Leading Judgment): This appeal is from the decision of the Imo State High Court contained in a ruling delivered on the 4th of November 2003 in suit No. HOG/32M/2002 commenced by the 1st - 8th Respondents herein under the Fundamental Rights Enforcement Procedure Rules, 1979, The Appellant herein had raised a preliminary objection challenging the jurisdiction of the High Court to hear the suit. While the preliminary objection was pending, the 1st - 8th Respondent filed an application to amend their originating processes which was granted by the High court. The Appellant felt aggrieved by the grant of the application for amendment before the preliminary objection raised by it was determined and so filed a Notice of Appeal against the decision on the 10th of November 2003 on four (4) grounds. On the 17th of January 2007, the Appellant was granted leave to amend the said grounds of appeal by the addition of another ground of appeal called "an ad…

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