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HARRY AKANDE V. GENERAL ELECTRIC COMPANY & ORS

(1979) JELR 33927 (SC)

Supreme Court  •  SC.57/1978  •  20 Apr 1979  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC; CHUKWUNWEIKE IDIGBE JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Judgement

A. N. ANIAGOLU,J.S.C. (Delivering the Leading Ruling): Leave to appeal against the Ruling of the Federal Court of Appeal dated 12th December, 1978, in the above case, was granted to the plaintiff/applicant on 7th March 1979, and after hearing argument of counsel on either side, this court, on 26th March 1979, set aside, with costs, the Order of the Federal Court of Appeal -

(a) granting leave to appeal to the General Electric Company of U.S.A. Nigeria Ltd., from the order of the High Court of Lagos dated 28th September 1977 dismissing the application of the said General Electric Company of U.S.A. Nigeria Ltd., to set aside services on them of the writ of summons, in the above case;

(b) extending the time within which the said company should appeal;

(c) granting stay of proceedings of the substantive suit in the High Court pending the determination of the appeal;

and reserved the reasons for the judgment to a later date. We now give the reasons.

It is necessary to give a brief narrat…

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