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BIOCON AGROCHEMICALS (NIGERIA) LTD. & ORS V. KUDU HOLDING (PTY) LTD. AND ANOR

(2000) JELR 46524 (SC)

Supreme Court  •  SC.110/95  •  15 Dec 2000  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

EJIWUNMI, J.S.C (Delivering the Leading Judgment): The main question raised in this appeal is whether the court below was right to have refused to grant the prayers made to that court by the appellants. For ease of reference, the reliefs sought from the court below be set out hereunder :-

"1 An order granting extension of time within which the applicants and the applicant intervener may apply for leave to appeal against the ruling of Honourable Justice Dolapo Akinsanya delivered in this suit on the 2nd December, 1994.

2. An order granting leave to the applicant and applicants/intervener to appeal against the said ruling in terms of the proposed notice and grounds of appeal attached to this application as "Exhibit RA2"

3. An order enlarging the time within which the applicants and applicants/intervener may appeal against the said ruling.

4. An order staying further proceedings whatsoever and howsoever in this suit at the court of trial pending the hearing and final determination of …

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