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FERMAB CHEMICALS LIMITED V. MARINE INSPECTION SERVICES (NIG) LTD.

(2008) JELR 33677 (CA)

Court of Appeal  •  CA/L/89M/07  •  13 Jun 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; REGINA OBIAGELI NWODO JCA;

Judgement
<p>HON. JUSTICE R.C. AGBO, J.C.A. (Delivering the leading : ): This court, according to the appellant, on 18/1/07 struck out its appeal No. CA/L/359/05 for want of prosecution. The appellant/applicant thereafter filed this application seeking the following orders:-</p><p> (a) Relisting onto the cause list the above appeal struck out on 18th January 2007.</p><p> (b) Extending the time within which the appellant may file its brief of argument in this appeal.</p><p> The application which is by motion on notice is supported by a short 12 paragraph affidavit in support which bears reproduction and is reproduced hereunder:-</p><p> "I Jesse Johnson, male, Nigerian, Litigation Clerk, residing at No. 15, Seriki Aro Avenue, Ikeja, Lagos State, make Oath and state as follows:</p><p> 1. I am a Litigation Clerk in the Chambers of M.A. Apampa and Co., Legal Practitioners to the Appellant herein.</p><p> 2. On the 27th of February 2006, this Honourable Court granted the appellant a departure from the rules' so that its appeal may be consiā€¦</p>

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