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ETHIOPIAN AIRLINES V. HON. JUSTICE SYLVESTER UMARU ONU JSC

(2005) JELR 51471 (CA)

Court of Appeal  •  CA/L/86/03  •  10 Feb 2005  •  Nigeria

Coram
HON. JUSTICE SYLVESTER UMARU ONU JSC KUMAI BAYANG AKAAHS JCA (Presided and Dissented) CLARA BATA OGUNBIYI JCA (Read the Lead Ruling) MUHAMMED LAWAL GARBA JCA

Appearances
Otunba Yomi Oshikoya (with him, B. O. Oshinkoya) - for the E -*- Applicant. -*- Adekola Olawoye Esq. - for the Respondent.

Judgement
<p><strong> OGUNBIYI JCA (Delivering the Lead Ruling): </strong> The motion on notice is dated and filed on the 9th January, 2003. Same is brought pursuant to Order 3, rule 3(1), (3) and (4), also rule 4(i) of the Court of Appeal Rules, 2002; section 25(4) of the Court of Appeal Act, 1976 as well as the inherent jurisdiction of the court. The prayer is seeking for the following orders:-</p><p>An order granting the defendant/applicant enlargement of time within which to seek leave to appeal against the judgment delivered by Honourable Justice R. O. Nwodo of the Federal High Court, Lagos on the 11th September, 2002 in suit No. FHC/L/CS/98/2001. An order granting the defendant/applicant leave to appeal against the judgment delivered by Honourable Justice R. O.</p><p>Nwodo of the Federal High Court, Lagos on the 11th September, 2002 in suit No. FHC/L/CS/98/2001.</p><p>An order granting the defendant/applicant an extension of time within which to appeal and file its notice and grounds of appeal against the judgment of Honourable …</p>

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