GALLAHER LIMITED & ANOR V. BRITISH AMERICAN TOBACCO (NIGERIA) LIMITED & ORS

MUSA HASSAN ALKALI, JCA (Delivering the Lead Ruling): The motion on notice brought pursuant to Order 7 Rule 1 and Order 20 Rule 2 of the Court of Appeal Rules 2011 filed on 11th April, 2014 by the 3rd respondent/applicant prayed for the following orders:-

1. AN ORDER granting leave to the Respondent/Applicant to argue this Motion on Notice along with the Respondent/Applicant's Brief of Argument at the hearing of this appeal.

2. AN ORDER directing a departure from the provisions of Order 18 Rule 4 of the Rules of this Honourable Court in order to enable the Respondent/Applicant file and serve its Brief of Argument conceding all the points argued in the Appellant's Brief of Argument.

3. AN ORDER of this Honourable court deeming the arguments contained in the Respondent/Applicant's Brief of Argument conceding all the points argued in the Appellant's Brief of Argument as having been properly argued.

4. AND FOR SUCH further or other orders as this Honourable Court may deem fit to make in t…