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CHIEF (DR.) PERE AJUWA & ANOR v. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

(2008) JELR 33675 (CA)

Court of Appeal  •  CA/A/209/2006  •  21 Jan 2008  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

OMOLEYE, J.C.A. (Delivering the Lead Ruling): This is an application at the instance of the respondents/plaintiffs (hereinafter referred to as the applicants) praying this court for an order, dismissing or striking out the substantive appeal for being a flagrant abuse of court process, incompetent, invalid, null and void. The application is predicated on the following amended grounds:

"(i) The judgment of the lower court (per Okechukwu Okeke, J.) herein appealed against was delivered on February 24, 2006.

The defendant/appellant herein purportedly lodged an appeal against the said judgment vide its notice of appeal endorsed and filed in the registry of the lower court on the same date (i.e. February 24, 2006) at 10:45am.

(iii) The delivery of the judgment of the lower court which commenced at 10.15am lasted about three hours and was not concluded until about 12:30p.m.

(iv) As at 10.45am on 24/2/2006 when the defendant/appellant purported to have filed its notice of appeal there was n…

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