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A.I.C. LIMITED V. TOTAL UPSTREAM NIGERIA LIMITED & ORS

(2012) JELR 35111 (CA)

Court of Appeal  •  CA/L/1107/2010  •  20 Jun 2012  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JOHN INYANG OKORO JCA; SIDI DAUDA BAGE JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Lead Ruling): The applicant, A.I.C. Limited brought this application praying this court to set aside its order made on the 13th June, 2011 granting leave and other reliefs to Appellant/1st Respondent to appeal on the ground that the orders of this court are a nullity because they were made without jurisdiction and per incuriam as held by the Supreme Court in SLB Consortium v. NNPC (2011) 9 NWLR (Pt. 1252) 317 per Onnoghen JSC to the effect that:

"the provisions of the Legal Practitioners Act 1990 are statutory and therefore matters of substantive law which cannot be waived.

The motion is supported with a 7 paragraph affidavit to which was annexed Notice of Motion dated 24th November, 2010. The Ruling sought to be set aside was not attached to the motion. It was in the Counter - affidavit which was deposed to by Akintola Ejiwunmi on 19th March, 2012 that the said Ruling was attached.

In paragraphs 4, 5, and 6 of the affidavit in support of t…

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