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JOSIAH OLUWOLA FRANCIS & ORS v. CITEC INTERNATIONAL ESTATE LTD & ORS

(2011) JELR 33423 (CA)

Court of Appeal  •  CA/A/191/M/2007  •  7 Mar 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; REGINA OBIAGELI NWODO JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated and filed on the 23rd day of July, 2009, the Applicants herein sought for the following reliefs:-

1. An order granting the Applicants further enlargement of time within which to appeal against the final decision of the Federal High Court, Abuja, delivered on the 1st day of December, 2006 in suit No. FHC/ABS/CS/179/06.

2. An order deeming the Notice of Appeal already filed as properly filed and served.

The motion is supported by a sixteen paragraphs affidavit. A further affidavit of seven paragraphs and a second further affidavit of eight paragraphs in support of the motion were filed.

The 1st, 2nd, and 4th to 6th Respondents filed two counter affidavits of 4 and 11 paragraphs on the 20th November, 2009 and 26th May, 2010 respectively.

Written addresses were ordered, filed and adopted on the 13th day of December 2010.

The Applicants written address is dated and filed on the 11th June 2010.

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