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HEYDEN PETROLEUM LTD. v. PLANET MARITIME CO

(2018) JELR 38522 (CA)

Court of Appeal  •  CA/L/877/2016  •  4 May 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court sitting in the Lagos Division, delivered by M. S. Hassan J. on the 27th day of April, 2016 in Suit No: FHC/L/CS/808/2014, the Ruling is found at pages 31 - 37 of the Records of Appeal wherein the Appellant's Application to set aside the foreign Judgment registered upon the Order of the Lower Court was dismissed for reasons of incompetence having been initiated by a Motion instead of Petition.

Nettled by the decision of the Lower Court, the Appellant filed Notice of Appeal on the 9th day of May, 2016 and premised on two (2) grounds as found at pages 38 - 40 of the Records of Appeal. The Appellant's Brief of Argument was filed by Joy Amma Olutomi on the 7th day of September, 2016. The Respondent's Brief on the other hand was filed by Ayo A. Olorunfemi Esq. on the 11th day of November, 2016. The Respondent also filed a Notice of Preliminary Objection on the 11th day o…

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