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AFRICAN REINSURANCE CORPORATION V. JDP CONSTRUCTION NIGERIA LIMITED

(2003) JELR 43853 (SC)

Supreme Court  •  SC.66/2002  •  28 Feb 2003  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; NIKI TOBI JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Ruling): This ruling arises from an application made by the defendant/appellant dated 27th November, 2002 and filed on 29th November, 2002. In the application the defendant/appellant is praying this Court for -

"an Order setting aside the judgment of Rhodes-Vivour, J. of the Lagos High Court delivered on the 28th of March, 2002."

Upon the ground that:-

"notwithstanding the fact that the learned trial Judge in Suit No. LD/2342/2000 was made aware of the fact that there was pending before the Supreme Court an application in which prayer sought by the applicant was for stay of proceedings of the said suit pending an appeal to the Supreme Court, the learned trial Judge proceeded nevertheless to hear and determine the said suit and thereafter entered judgment against the appellant on the 28th of March, 2002."

In the affidavit in support of the application one Olasumbo Adejumo a legal practitioner deposed, inter alia, as follows:-

"4. That o…

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