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DAYO ADELEYE MINING & CONSULTING CO. LTD V. NORTH-SOUTH EXTRACTIVE COMPANY LTD NIGERIAN MINING CORPORATION

(2007) JELR 53645 (CA)

Court of Appeal  •  CA/IL/24/2007  •  13 Nov 2007  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA (Presided) JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Ruling)

Appearances
Tunde Falola Esq. (with him, H. I. Ofoegbu Esq. and O. I. Ojo Esq.) -*- - for the Applicant. -*- O. A. Ayodele (with him, Sunday Nwoke Esq.) - for the -*- Respondents.

Judgement

AGUBE JCA (Delivering the Lead Ruling): In this application brought by way of motion on notice, the applicant seeks the Trinity Orders for: Extension of time within which to seek leave to appeal against the ruling of the Federal High Court, Ilorin, presided over by Honourable Justice C. Nnamani, which ruling was delivered on 23 November 2006.

(b) Leave to appeal against the said ruling delivered on 23 November 2006 by the said Honourable Justice C. Nnamani of the Federal High Court, Ilorin. (c) Extension of time within which to appeal against the said ruling delivered by the said Nnamani J. on the 23 November 2006.

A further prayer for stay of the proceedings in suit No. FHC/IL/CS/ 4/2005 before the said Federal High Court, Ilorin was also sought pending thehearing and determination of the appealagainst thesaid ruling of Nnamani delivered on 23 November 2006.

The grounds upon which the application is predicated are as follows:

That the grounds of appeal raise serious and substantial iss…

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